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China (Includes Hong Kong, Macau, and Tibet)

Read A Section: China

Hong Kong | Macau | Tibet

EXECUTIVE SUMMARY

The People’s Republic of China is an authoritarian state in which the Chinese Communist Party is the paramount authority. Communist Party members hold almost all top government and security apparatus positions. Ultimate authority rests with the Communist Party Central Committee’s 25-member Political Bureau (Politburo) and its seven-member Standing Committee. Xi Jinping continued to hold the three most powerful positions as party general secretary, state president, and chairman of the Central Military Commission.

The main domestic security agencies include the Ministry of State Security, the Ministry of Public Security, and the People’s Armed Police. The People’s Armed Police continue to be under the dual authority of the Central Committee of the Communist Party and the Central Military Commission. The People’s Liberation Army is primarily responsible for external security but also has some domestic security responsibilities. Local jurisdictions also frequently use civilian municipal security forces, known as “urban management” officials, to enforce administrative measures. Civilian authorities maintained effective control of the security forces. Members of the security forces committed serious and pervasive abuses.

Genocide and crimes against humanity occurred during the year against the predominantly Muslim Uyghurs and other ethnic and religious minority groups in Xinjiang. These crimes were continuing and include: the arbitrary imprisonment or other severe deprivation of physical liberty of more than one million civilians; forced sterilization, coerced abortions, and more restrictive application of China’s birth control policies; rape; torture of a large number of those arbitrarily detained; forced labor; and the imposition of draconian restrictions on freedom of religion or belief, freedom of expression, and freedom of movement.

Significant human rights issues included: arbitrary or unlawful killings by the government; forced disappearances by the government; torture by the government; harsh and life-threatening prison and detention conditions; arbitrary detention by the government, including the mass detention of more than one million Uyghurs and other members of predominantly Muslim minority groups in extrajudicial internment camps and an additional two million subjected to daytime-only “re-education” training; political prisoners; politically motivated reprisal against individuals outside the country; the lack of an independent judiciary and Communist Party control over the judicial and legal system; arbitrary interference with privacy; pervasive and intrusive technical surveillance and monitoring; serious restrictions on free expression, the press, and the internet, including physical attacks on and criminal prosecution of journalists, lawyers, writers, bloggers, dissidents, petitioners, and others as well as their family members, and censorship and site blocking; interference with the rights of peaceful assembly and freedom of association, including overly restrictive laws that apply to foreign and domestic nongovernmental organizations; severe restrictions and suppression of religious freedom; substantial restrictions on freedom of movement; refoulement of asylum seekers to North Korea, where they have a well founded fear of persecution; the inability of citizens to choose their government; restrictions on political participation; serious acts of corruption; forced sterilization and coerced abortions; forced labor and trafficking in persons; severe restrictions on labor rights, including a ban on workers organizing or joining unions of their own choosing; and child labor.

Government officials and the security services often committed human rights abuses with impunity. Authorities often announced investigations following cases of reported killings by police but did not announce results or findings of police malfeasance or disciplinary action.

Section 2. Respect for Civil Liberties, Including:

Freedom of Association

The constitution provides for freedom of association, but the government restricted this right. CCP policy and government regulations require that all professional, social, and economic organizations officially register with and receive approval from the government. These regulations prevented the formation of autonomous political, human rights, religious, spiritual, labor, and other organizations that the government believed might challenge its authority in any area. The government maintained tight controls over civil society organizations and in some cases detained or harassed NGO workers.

The regulatory system for NGOs was highly restrictive, but specific requirements varied depending on whether an organization was foreign or domestic. Domestic NGOs were governed by charity law and a host of related regulations. Domestic NGOs could register in one of three categories: as a social group, a social organization, or a foundation. All domestic NGOs are required to register under the Ministry of Civil Affairs and find an officially sanctioned sponsor to serve as their “professional supervisory unit.” Finding a sponsor was often challenging, since the sponsor could be held civilly or criminally responsible for the NGO’s activities and sponsoring included burdensome reporting requirements. All organizations are also required to report their sources of funding, including foreign funding.

According to a 2016 CCP Central Committee directive, all domestic NGOs were supposed to have a CCP cell by the beginning of the year, although implementation was not consistent. According to authorities, these CCP cells were to “strengthen guidance” of NGOs in areas such as “decision making for important projects, important professional activities, major expenditures and funds, acceptance of large donations, and activities involving foreigners.” Authorities are also to conduct annual “spot checks” to ensure compliance on “ideological political work, party building, financial and personnel management, study sessions, foreign exchange, acceptance of foreign donations and assistance, and conducting activities according to their charter.”

The law requires foreign NGOs to register with the Ministry of Public Security and to find a state-sanctioned sponsor for their operations or for one-time activities. NGOs that fail to comply face possible civil or criminal penalties. The law provides no appeal process for NGOs denied registration, and it stipulates NGOs found to have violated certain provisions could be banned from operating in the country. The law also states domestic groups cooperating with unregistered foreign NGOs will be punished and possibly banned. In November 2019 the Foreign Ministry publicly confirmed for the first time that public security authorities had investigated and penalized a foreign NGO, in this case the New York-based Asia Catalyst, for carrying out unauthorized activities; Asia Catalyst did not undertake any PRC-focused activities during the year.

Some international NGOs reported it was more difficult to work with local partners, including universities, government agencies, and other domestic NGOs, as the NGO law codified the CCP’s perception that foreign NGOs were a “national security” threat. Many government agencies still had no unit responsible for sponsoring foreign NGOs. Professional supervisory units reported they had little understanding of how to implement the law and what authorities would expect of them. The vague definition of an NGO, as well as of what activities constituted “political” and therefore illegal activities, left many business organizations and alumni associations uncertain whether they fell within the purview of the law. The lack of clear communication from the government, coupled with harassment by security authorities, caused some foreign NGOs to suspend or cease operations in the country. As of November 2, approximately 550 foreign NGO representative offices (representing 454 distinct organizations) had registered under the Foreign NGO Management Law, with nearly half of those focusing on industry or trade promotion activities.

According to the Ministry of Civil Affairs, by the end of 2019, there were more than 860,000 registered social organizations, public institutions, and foundations. Many experts believed the actual number of domestic NGOs to be much higher. NGOs existed under a variety of formal and informal guises, including national mass organizations created and funded by the CCP that are organizationally prohibited from exercising any independence, known as government-operated NGOs, or GONGOs.

For donations to a domestic organization from a foreign NGO, foreign NGOs must maintain a representative office in the country to receive funds, or to use the bank account of a domestic NGO when conducting temporary activities. By law foreign NGOs are prohibited from using any other method to send and receive funds, and such funding must be reported to the Ministry of Public Security. Foreign NGOs are prohibited from fundraising and “for-profit activities” under the law.

Although all registered organizations came under some degree of government control, some NGOs, primarily service-oriented GONGOs, were able to operate with less day-to-day scrutiny. Authorities supported the growth of some NGOs that focused on social problems, such as poverty alleviation and disaster relief. Law and regulations explicitly prohibit organizations from conducting political or religious activities, and organizations that refused to comply faced criminal penalties.

Authorities continued to restrict, evict, and investigate local NGOs that received foreign funding and international NGOs that provided assistance to Tibetan communities in the TAR and other Tibetan areas. Almost all were forced to curtail their activities altogether due to travel restrictions, official intimidation of staff members, and the failure of local partners to renew project agreements.

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Women

Rape and Domestic Violence: Rape of women is illegal and carries a sentence that ranges from three years in prison to death. The law does not safeguard same-sex couples or victims of marital rape. A separate law on sexual assault includes male victims but has a lesser maximum penalty of five years in prison. Of the reported cases, most allegations of rape were closed through private settlement rather than prosecution. Some persons convicted of rape were executed.

Domestic violence remained a significant problem. Some scholars said victims were encouraged to attempt to resolve domestic violence through mediation. Societal sentiment that domestic violence was a personal, private matter contributed to underreporting and inaction by authorities when women faced violence at home. The law defines domestic violence as a civil, rather than a criminal, offense. The web publication Sixth Tone reported in 2019 that 25 percent of families had experienced domestic violence. In July the city of Yiwu, Zhejiang Province, launched an inquiry service where engaged couples can look up whether their prospective partner has a history of violence, “either between family members or during cohabitation;” however, as of the end of August, there were no requests to use this database.

In September internet celebrity Lhamo was burned to death during a livestream broadcast by her former husband, who attacked her and lit her on fire with gasoline. Police detained the former husband, surnamed Tang, but at year’s end no further information was available on their investigation into the case. Observers said her death showed how domestic violence remained a serious and prevalent issue in the country.

The government supported shelters for victims of domestic violence, and some courts provided protections to victims, including through court protective orders prohibiting a perpetrator of domestic violence from coming near a victim. Nonetheless, official assistance did not always reach victims, and public security forces often ignored domestic violence. Legal aid institutions working to provide counseling and defense to victims of domestic violence were often pressured to suspend public activities and cease all forms of policy advocacy, an area that was reserved only for government-sponsored organizations.

According to women’s rights activists, a recurring problem in the prosecution of domestic violence cases was a failure by authorities to collect evidence, including photographs, hospital records, police records, or children’s testimony. Witnesses seldom testified in court.

Courts’ recognition of domestic violence improved, making spousal abuse a mitigating factor in crimes committed in self-defense.

Sexual Harassment: The law prohibits sexual harassment against women. In May the civil code expanded and clarified what conduct can be considered sexual harassment. The law expands the behaviors included in the definition of harassment, eliminates the statute of limitations of minors seeking to sue on sexual harassment grounds, and requires employers to make affirmative efforts to prevent and address sexual harassment in the workplace. It remained difficult for victims to file a sexual harassment complaint and for judges to reach a ruling on such cases. Many women remained unwilling to report incidents of sexual harassment, believing the justice system was ineffectual, according to official media. Several prominent media reports of sexual harassment went viral on social media, helping to raise awareness of the problem, particularly in the workplace.

In July a plaintiff won the country’s first-ever sexual harassment lawsuit, which began in 2018 when a social worker at a Chengdu-based NGO, One Day for Social Service Center, sued her prominent former boss, Liu Meng, for his unwelcome advances. The court, however, neither awarded damages to the plaintiff nor held the NGO accountable. The Ginkgo Foundation, a well known public charity organization, revoked the “Ginkgo Fellow” award it gave to Liu in 2011 in a show of respect for “the plaintiff’s courage and persistence.”

On April 15, a hospital department director in Sichuan was suspended for “inappropriate behavior” after a nurse claimed the director had sexually harassed her. In April a Shanghai-based employee of the German supermarket Aldi sued her supervisor, a foreign national, for repeated sexual harassment.

Human Rights Watch cited one statistic showing nearly 40 percent of women said they experienced sexual harassment in the workplace. Many incidents of workplace sexual harassment, however, were unreported.

The law allows victims to file a sexual harassment complaint with their employer, authorities, or both. Employers who failed to take effective measures to prevent sexual harassment could be fined.

Some women’s NGOs that sought to increase public awareness of sexual harassment reported harassment by public security and faced challenges executing their programs.

Reproductive Rights: In 2016 the government partially liberalized the one-child policy enacted in 1979 and raised the birth limit imposed on the vast majority of its citizens from one to two children per married couple. Prior to this change, only select ethnic minorities and certain qualifying couples could exceed the one-child limit. Outside of Xinjiang, citizens have a varied amount of autonomy with their reproductive health and access to contraception. Birth control information and measures were readily available.

Government targeting of ethnic and religious minorities in the Xinjiang Uyghur Autonomous Region resulted in plummeting birth rates since 2018, following reports of intensified government-enforced, coercive family-planning measures. Most Xinjiang prefectures reported large increases in female sterilizations and implantation of intrauterine devices (IUD), with Hotan Prefecture alone more than doubling its female sterilization numbers from 2017 to 2018, according to the most recent figures available. These numbers existed against a backdrop of widespread reports of coercive population control measures–including forced abortions, forced sterilizations, involuntary IUD insertions, and pregnancy checks–occurring at detention centers in the region and targeting minority groups, primarily Uyghurs and ethnic Kazaks. Parents judged to have exceeded the government limit on the number of children (three or more) risk being sent to detention centers unless they pay exorbitant fines.

Penalties for exceeding the permitted number of children were not enforced uniformly; the mildest penalties ranged from fees or administrative penalties, while the most severe were forced abortions, contraceptives, and sterilizations. The law as implemented requires each woman with an unauthorized pregnancy to abort or pay a “social compensation fee,” which can reach 10 times a person’s annual disposable income. Children born to single mothers or unmarried couples were considered “outside of the policy” and under the law could be subject to the social compensation fee and the denial of legal documents, such as birth documents and the hukou residence permit. In practice, however, local governments rarely enforced these regulations.

There was no government information available on sexual or reproductive health services for survivors of sexual violence.

Coercion in Population Control: Under the two-child policy, the government imposes childbirth restrictions and often coerced women and girls into abortions and sterilizations for exceeding birth quotas. Statistics on the percentage of abortions that were coerced during the year were not released by the government. The CCP restricts the rights of parents to choose the number of children they have and utilizes family planning units from the provincial to the village level to enforce population limits and distributions. The Population and Family Planning Law permits married couples to have two children and allows couples to apply for permission to have a third child if they meet conditions stipulated in local and provincial regulations. Unmarried women are not authorized to have children and have enormous social maintenance fees imposed on them if they give birth.

According to a June 8 report on the governmental Xinjiang Web news site, approximately eight million “extra pregnancies” are aborted in the country every year, although the site did not indicate whether these abortions were voluntary or not. Citizens were subject to hefty fines for violating the law, while couples who had only one child received a certificate entitling them to collect a monthly incentive payment and other benefits that varied by province–from approximately six to 12 renminbi (one to two dollars) per month up to 3,000 renminbi ($450) for farmers and herders in poor areas. Couples in some provinces were required to seek approval and register before a child was conceived. The National Health Commission rejected calls to eliminate legal references to family planning, citing the country’s constitutional provision that “the state promotes family planning so that population growth may fit the plans for economic and social development.”

Starting in 2016, the PRC began relaxing birth control measures for the Han majority. Sterilization procedures plummeted nationwide as the Chinese government began encouraging more births among the Han. At the same time, however, birth control policies directed toward Uyghurs became more stringent. Ethnic and religious minority women were often subject to coercive population control measures. According to a Jamestown Foundation report and other sources that analyzed Chinese government statistics, natural population growth in Uyghur areas had fallen dramatically, with some areas reporting a greater than 80 percent drop in birth rates. Birth rate reduction targets were common in Xinjiang; one area reportedly set a birth rate target of near zero, intending to accomplish this through “family planning work.” Violations could be punished by detention in an internment camp. The government also funded sterilization campaigns targeting Uyghur women; these were reportedly enforced by quarterly “IUD checks” and bimonthly pregnancy tests. There were indications that Uyghur women who had been put in internment camps were injected with drugs that cause a temporary or permanent end to their menstrual cycles and fertility.

Under the law and in practice, there are financial and administrative penalties for births that exceed birth limits or otherwise violate regulations. The law as implemented requires each woman with an unauthorized pregnancy to abort or pay the social compensation fee, which can reach 10 times a person’s annual disposable income. The exact amount of the fee varied widely from province to province. Those with financial means often paid the fee so that their children born in violation of the birth restrictions would have access to a wide array of government-provided social services and rights. Some parents avoided the fee by hiding children born in violation of the law with friends or relatives. Minorities in some provinces were entitled to higher limits on their family size.

The law maintains “citizens have an obligation to practice birth planning in accordance with the law” and also states “couples of child-bearing age shall voluntarily choose birth planning contraceptive and birth control measures to prevent and reduce unwanted pregnancies.”

Since the national family planning law mentions only the rights of married couples, local implementation was inconsistent, and unmarried persons were required to pay for contraception. Although under both civil law and marriage law, the children of single women are entitled to the same rights as those born to married parents, in practice children born to single mothers or unmarried couples were considered “outside of the policy” and subject to the social compensation fee and the denial of legal documents, such as birth documents and the hukou residence permit. Single women could avoid those penalties by marrying within 60 days of the baby’s birth.

As in prior years, population control policy continued to rely on social pressure, education, propaganda, and economic penalties, as well as on measures such as mandatory pregnancy examinations and, less frequently, coerced abortions and sterilizations. Officials at all levels could receive rewards or penalties based on whether or not they met the population targets set by their administrative region. With the higher birth limit, and since many persons wanted to have no more than two children, it was easier to achieve population targets, and the pressure on local officials was considerably less than before. Those found to have a pregnancy in violation of the law or those who helped another to evade state controls could face punitive measures, such as onerous fines or job loss.

Regulations requiring women who violate the family planning policy to terminate their pregnancies still exist and were enforced in some provinces, such as Hubei, Hunan, and Liaoning. Other provinces such as Guizhou and Yunnan maintained provisions that require “remedial measures,” an official euphemism for abortion, to deal with pregnancies that violate the policy.

Although many local governments encouraged couples to have a second child, families with three or more children still must pay a “social compensation fee.” In previous years those who did not pay the fee were added to a “personal credit blacklist,” restricting their ability to request loans, take public transportation, purchase items, educate their children, and join tours. The compensation fees were estimated to be 15 to 30 percent of some local governments’ discretionary spending budgets.

The law mandates family planning bureaus administer pregnancy tests to married women of childbearing age and provide them with basic knowledge of family planning and prenatal services. Some provinces fined women who did not undergo periodic state-mandated pregnancy tests.

Family planning officials face criminal charges and administrative sanctions if they are found to violate citizens’ human or property rights, abuse their power, accept bribes, misappropriate or embezzle family planning funds, or falsely report family planning statistics in the enforcement of birth limitation policy. Forced abortion is not specifically listed as a prohibited activity. By law citizens could submit formal complaints about officials who exceed their authority in implementing birth-planning policy, and complaints are to be investigated and dealt with in a timely manner.

Discrimination: The constitution states “women enjoy equal rights with men in all spheres of life.” The law provides for equality in ownership of property, inheritance rights, access to education, and equal pay for equal work. Nonetheless, women reported discrimination, unfair dismissal, demotion, and wage discrepancies were significant problems.

On average women earned 35 percent less than men who did similar work. This wage gap was greater in rural areas. Women were underrepresented in leadership positions, despite their high rate of participation in the labor force.

Authorities often did not enforce laws protecting the rights of women. According to legal experts, it was difficult to litigate sex discrimination suits because of vague legal definitions. Some observers noted the agencies tasked with protecting women’s rights tended to focus on maternity-related benefits and wrongful termination due to pregnancy or maternity leave rather than on sex discrimination, violence against women, or sexual harassment.

Women’s rights advocates indicated that in rural areas women often forfeited land and property rights to their husbands in divorce proceedings. The May 28 civil code included a provision for a 30-day “cooling off” period in cases of uncontested divorce; some citizens expressed concern this could leave those seeking escape from domestic violence liable to further abuse. Rural contract law and laws protecting women’s rights stipulate women enjoy equal rights in cases of land management, but experts asserted this was rarely the case due to the complexity of the law and difficulties in its implementation.

Children

Birth Registration: Citizenship is derived from parents. Parents must register their children in compliance with the national household registration system within one month of birth. Children born outside of two-child policy quotas often cannot be registered. Unregistered children could not access public services, including education, health care, identity registration, or pension benefits.

Education: Although the law provides for nine years of compulsory education for children, many children in poor rural areas did not attend school for the required period, and some never attended. Public schools were not allowed to charge tuition, but many schools continued to charge miscellaneous fees because they received insufficient local and central government funding. Such fees and other school-related expenses made it difficult for poorer families and some migrant workers to send their children to school. The gap in education quality for rural and urban youth remained extensive, with many children of migrant workers attending unlicensed and poorly equipped schools.

Child Abuse: The physical abuse of children is grounds for criminal prosecution, and the law protects children. Sexual abuse of minors, particularly of rural children, was a significant problem.

Child, Early, and Forced Marriage: The legal minimum age for marriage is 22 for men and 20 for women. Child marriage was not known to be a problem.

Sexual Exploitation of Children: The minimum legal age for consensual sex is 14. Persons who forced girls younger than 14 into prostitution could be sentenced to 10 years to life in prison in addition to a fine or confiscation of property. In especially serious cases, violators could receive a life sentence or death sentence, in addition to having their property confiscated. Those who visited girls forced into prostitution younger than 14 were subject to five years or more in prison in addition to paying a fine.

Pornography of any kind, including child pornography, is illegal. Under the criminal code, those producing, reproducing, publishing, selling, or disseminating obscene materials with the purpose of making a profit could be sentenced to up to three years in prison or put under criminal detention or surveillance in addition to paying a fine. Offenders in serious cases could receive prison sentences of three to 10 years in addition to paying a fine.

According to the law, persons broadcasting or showing obscene materials to minors younger than 18 are to be “severely punished.”

Infanticide or Infanticide of Children with Disabilities: The law forbids infanticide, although NGOs reported that female infanticide due to a traditional preference for sons and coercive birth limitation policies continued. Parents of children with disabilities frequently left infants at hospitals, primarily because of the anticipated cost of medical care. Gender-biased abortions and the abandonment and neglect of baby girls were believed to be in decline but continued to be a problem in some circumstances.

Displaced Children: The detention of an estimated one million or more Uyghurs, ethnic Kazakhs, Kyrgyz, and other Muslims in Xinjiang left many children without caregivers. While many of these children had other relatives willing to care for them, the government began placing the children of detainees in orphanages, state-run boarding schools, or “child welfare guidance centers,” where they were forcibly indoctrinated with Communist Party ideology and forced to learn Mandarin Chinese, reject their religious and cultural beliefs, and answer questions about their parents’ religious beliefs and practices. The number of such children was unknown, especially as many of these facilities were also used for orphans and regular students, but one media outlet reported that, based on a 2017 government planning document, at least 500,000 children were separated from their parents and put into these “care” centers. Government policy aims to provide such children with state-sponsored care until they reach age 18. In Hotan some boarding schools were topped with barbed wire.

Institutionalized Children: See “Displaced Children” section above.

International Child Abductions: The country is not a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data/reported-cases.html.

Anti-Semitism

The government does not recognize Judaism as an ethnicity or religion. The World Jewish Congress estimated the Jewish population at 2,500. There were no reports of anti-Semitic acts during the year.

Trafficking in Persons

See the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.

Persons with Disabilities

The law protects the rights of persons with disabilities and prohibits discrimination, but in many instances conditions for such persons lagged behind legal requirements, and the government failed to provide persons with disabilities access to programs intended to assist them.

According to the law, persons with disabilities “are entitled to enjoyment of equal rights as other citizens in political, economic, cultural, and social fields, in family life, and in other aspects.” Discrimination against, insult of, and infringement upon persons with disabilities is prohibited. The law prohibits discrimination against minors with disabilities and codifies a variety of judicial protections for juveniles.

The Ministry of Education reported there were more than 2,000 separate education schools for children with disabilities, but NGOs reported only 2 percent of the 20 million children with disabilities had access to education that met their needs.

Individuals with disabilities faced difficulties accessing higher education. Universities often excluded candidates with disabilities who would otherwise be qualified. A regulation mandates accommodations for students with disabilities when taking the national university entrance exam.

Unemployment among adults with disabilities, in part due to discrimination, remained a serious problem. The law requires local governments to offer incentives to enterprises that hire persons with disabilities. Regulations in some parts of the country also require employers to pay into a national fund for persons with disabilities when employees with disabilities do not make up a statutory minimum percentage of the total workforce.

Standards adopted for making roads and buildings accessible to persons with disabilities are subject to the Law on the Handicapped, which calls for their “gradual” implementation; compliance was limited.

The law forbids the marriage of persons with certain mental disabilities, such as schizophrenia. If doctors find a couple is at risk of transmitting congenital disabilities to their children, the couple may marry only if they agree to use birth control or undergo sterilization. In some instances officials continued to require couples to abort pregnancies when doctors discovered possible disabilities during prenatal examinations. The law stipulates local governments are to employ such practices to eliminate the births of children with disabilities.

Members of National/Racial/Ethnic Minority Groups

Government policy called for members of recognized minority groups to receive preferential treatment in birth planning, university admission, access to loans, and employment. The substance and implementation of ethnic minority policies nonetheless remained poor, and discrimination against minorities remained widespread. The government “sinicization” campaign resulted in ethnically based restrictions on movement, including curtailed ability to travel freely or obtain travel documents; greater surveillance and presence of armed police in ethnic minority communities; and legislative restrictions on cultural and religious practices.

Despite laws that local languages should be used in schools, government authorities in Inner Mongolia announced on August 26 changes to school instruction that require instructors to use Mandarin to teach Chinese language, history, and politics, replacing the Mongolian language and traditional Mongolian script, which reportedly is used only in Inner Mongolia and is viewed as a key part of Mongolian culture. The PRC implemented similar policies in Xinjiang and Tibet as a means to encourage a “national common language,” but which observers viewed as a means to erode unique languages and cultures. The announcement was followed by protests in several cities in Inner Mongolia, as well as parents pulling their children out of schools. International media sources estimated 8,000-10,000 persons were detained because of the protests.

According to the most recent government census (2015), 9.5 million, or 40 percent, of Xinjiang’s official residents were Han Chinese. Uyghur, Hui, ethnic Kazakh, Kyrgyz, and other ethnic minorities constituted 14.1 million Xinjiang residents, or 60 percent of the total population. Official statistics understated the Han Chinese population because they did not count the more than 2.7 million Han residents on paramilitary compounds (bingtuan) and those who were long-term “temporary workers,” an increase of 1.2 percent over the previous year, according to a 2015 government of Xinjiang report.

The government’s policy to encourage Han Chinese migration into minority areas significantly increased the population of Han in Xinjiang. Han Chinese officials continued to hold the majority of the most powerful CCP and many government positions in minority autonomous regions, particularly Xinjiang. The rapid influx of Han Chinese into Xinjiang in recent decades, combined with the government’s discrimination in employment, cultural marginalization, and religious repression, provoked Uyghur resentment.

In 2017 the Xinjiang government implemented “Deradicalization Regulations,” codifying efforts to “contain and eradicate extremism.” The government used this broad definition of extremism to detain, since 2017, more than one million Uyghurs, ethnic Kazakhs, Kyrgyz, and other Muslims in “transformation through education” centers, or detention centers, designed to instill patriotism and erase their religious and ethnic identities. This included many of those ordered to return to China from studying or working abroad. International media reported security officials in the centers abused, tortured, and killed some detainees (see sections 1.a., 1.b., 1.c., 1.d., and 2.d.).

Outside the internment camps, the government implemented severe restrictions on expressions of minorities’ culture, language, and religious identity, including regulations prohibiting behaviors the government considered signs of “extremism” such as growing “abnormal” beards, wearing veils in public places, and suddenly stopping smoking and drinking alcohol, among other behaviors. The regulations banned the use of some Islamic names when naming children and set punishments for teaching religion to children. Authorities conducted “household surveys” and “home stays” in which officials or volunteers forcibly lived in Uyghurs’ homes and monitored families for signs of “extremism.” There were media reports that male officials would sleep in the same bed as the wives of men who were detained in internment camps, as part of the “Pair Up and Become Family” program, and also bring alcohol and pork for consumption during the home stay. Authorities also used a vast array of surveillance technology designed to specifically target and track Uyghurs.

Xinjiang government “de-extremification” regulations state that county-level governments “may establish occupational skills education and training centers and other such education and transformation bodies and management departments to conduct education and transformation for persons influenced by extremism.” Some observers noted that despite this regional law, the “re-education centers” were illegal under the constitution.

Minority groups in border and other regions had less access to education than their Han Chinese counterparts, faced job discrimination in favor of Han Chinese migrants, and earned incomes well below those in other parts of the country. Government development programs and job provisions disrupted traditional living patterns of minority groups and in some cases included the forced relocation of persons and the forced settlement of nomads. Han Chinese benefited disproportionately from government programs and economic growth in minority areas. As part of its emphasis on building a “harmonious society” and maintaining social stability, the government downplayed racism and institutional discrimination against minorities and cracked down on peaceful expressions of ethnic culture and religion. These policies remained a source of deep resentment in Xinjiang, the Inner Mongolia Autonomous Region, the TAR, and other Tibetan areas.

The law states “schools (classes and grades) and other institutions of education where most of the students come from minority nationalities shall, whenever possible, use textbooks in their own languages and use their languages as the medium of instruction.” Despite provisions to ensure cultural and linguistic rights, measures requiring full instruction in Mandarin beginning in preschool and banning the use of Uyghur in all educational activities and management were implemented throughout Xinjiang, according to international media.

Many of the security raids, arbitrary detentions, and judicial punishments appeared to target groups or individuals peacefully seeking to express their political or religious views. Detention and punishment extended to expression on the internet and social media, including the browsing, downloading, and transmitting of banned content. Officials continued to use the threat of violence as justification for extreme security measures directed at the local population, journalists, and visiting foreigners. According to Xinhua, officials used surveillance and facial recognition software, biodata collection, and big data technology to create a database of Uyghurs in Xinjiang for the purpose of conducting “social-instability forecasting, prevention, and containment.” Security forces frequently staged large-scale parades involving thousands of armed police in cities across Xinjiang, according to state media.

Uyghurs and members of other religious and ethnic minority groups continued to be sentenced to long prison terms and were in some cases executed without due process on spurious charges of separatism and endangering state security.

The law criminalizes discussion of “separatism” on the internet and prohibits use of the internet in any way that undermines national unity. It further bans inciting ethnic separatism or “harming social stability” and requires internet service providers and network operators to set up monitoring systems to detect, report, and delete religious content or to strengthen existing systems and report violations of the law. Authorities searched cell phones at checkpoints and during random inspections of Uyghur households, and persons in possession of alleged terrorist material, including pictures of general religious or cultural importance, could be arrested and charged with crimes. International media reported security officials at police checkpoints used a surveillance application to download and view content on mobile phones.

Ethnic Kazakhs were also targeted. In June outside the Chinese embassy in Kazakhstan’s capital Nur-Sultan, ethnic Kazakh and former Xinjiang resident Akikat Kalliola (alternate spelling Aqiqat Qaliolla) protested the forced detention, “re-education,” and blocked international communications for his Xinjiang-based immediate family members, namely his parents and two brothers. Authorities seized the Xinjiang-based family members’ passports, preventing them from traveling to Kazakhstan to see Kalliola. In December, Kalliola reported his father had died in prison, but by the end of the year, authorities had yet to issue a death certificate or allow access to the body. Kazakhs were also prevented from moving freely between China and neighboring Kazakhstan, and some were detained in internment camps upon their return to China.

The government pressured foreign countries to repatriate or deny visas to Uyghurs who had left China, and repatriated Uyghurs faced the risk of imprisonment and mistreatment upon return. Some Uyghurs who were forcibly repatriated disappeared after arriving in China. Family members of Uyghurs studying overseas were also pressured to convince students to return to China, and returning students were detained or forced to attend “re-education camps,” according to overseas media. Overseas ethnic Uyghurs, whether they were citizens of the PRC or their countries of residence, were sometimes pressured to provide information about the Uyghur diaspora community to agents of the PRC government.

Freedom of assembly was severely limited in Xinjiang. For information about abuse of religious freedom in Xinjiang, see the Department of State’s International Religious Freedom Report at https://www.state.gov/religiousfreedomreport/.

For specific information on Tibet, see the Tibet Annex.

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

No laws criminalize private consensual same-sex conduct between adults. Individuals and organizations working on lesbian, gay, bisexual, transgender, and intersex (LGBTI) issues continued to report discrimination and harassment from authorities similar to that experienced by other organizations that accept funding from overseas.

LGBTI individuals reported incidents of violence, including domestic violence; however, they encountered difficulties in seeking legal redress, since regulations on domestic violence do not include recognition of same-sex relations. Accessing redress was further limited by societal discrimination and traditional norms, resulting in most LGBTI persons refraining from publicly discussing their sexual orientation or gender identity. Nonetheless, the May 28 civil code includes a provision that protects certain tenancy rights for designated partners of deceased property owners without officially defined family relationships.

NGOs working on LGBTI issues reported that although public advocacy work became more difficult for them due to laws governing charities and foreign NGOs, they made some progress in advocating for LGBTI rights through specific antidiscrimination cases.

HIV and AIDS Social Stigma

Discrimination against persons with HIV remained a problem, impacting individuals’ employment, education, and housing opportunities and impeding access to health care. In some instances laws protecting persons with HIV from discrimination contradict laws restricting the rights of persons with HIV. During the year state media outlets reported instances of persons with HIV or AIDS who were barred from housing, education, or employment due to their HIV status. According to the National Health Commission, as of the end of 2019, an estimated 950,000 persons in the country had HIV or AIDS.

According to the law, companies may not demand HIV antibody tests nor dismiss employees for having HIV. Nonetheless, regulations also stipulate that HIV-positive individuals shall not engage in work that is prohibited by laws, administrative regulations, and the Department of Health under the State Council.

In October 2019 a 32-year-old temporary worker named Liu, who had worked for Mao Tai Liquor Company in Guizhou for two years, was fired after he tested positive for HIV. The Mao Tai staff hospital did not inform him of his HIV test result during his routine medical exam.

Early in the year, a retired worker named Wang Ming in Xi’an was “persuaded” by the president of a local public hospital to return home, citing his coughing as a chronic disease. Wang Ming stated his belief the public hospital declined him service after finding out he was HIV positive, infected earlier during a dental operation at a private clinic.

In March an 11-year-old girl named Shasha whose HIV was transmitted via her mother was forced to drop out of school due to extensive discrimination at Chiduanwan Elementary School in Hunan.

Promotion of Acts of Discrimination

In an effort to justify the detention of ethnic minorities in Xinjiang and elsewhere, official state media outlets published numerous articles describing members of minority ethnic or religious groups as violent and inferior. Such propaganda emphasized the connection between religious beliefs, in particular belief in Islam, and acts of violence. Moreover, many articles described religious adherents as culturally backward and less educated, and thus in need of government rectification.

Hong Kong

Read A Section: Hong Kong

China | Macau | Tibet

EXECUTIVE SUMMARY

Hong Kong is a Special Administrative Region of the People’s Republic of China. The 1984 Sino-British Joint Declaration and the Basic Law of the special administrative region specified that except in matters of defense and foreign affairs, Hong Kong would have a high degree of autonomy under the “one country, two systems” framework, but the Chinese Communist Party has systematically dismantled Hong Kong’s political freedoms and autonomy in violation of its international commitments. During the most recent elections, widely regarded by most nonpartisan local and international election observers as free and fair, in November 2019, pandemocratic candidates won control of 17 of 18 District Councils, although the government barred one opposition figure’s candidacy. The turnout, 71 percent of all registered voters, was a record for Hong Kong. In 2017 the 1,194-member Chief Executive Election Committee, dominated by proestablishment electors, selected Carrie Lam to be Hong Kong’s chief executive. In 2016 Hong Kong residents elected the 70 representatives who comprise Hong Kong’s Legislative Council. Voters directly elected 40 representatives, while limited-franchise constituencies elected the remaining 30. Legislative Council elections were scheduled to take place in September 2020, but Hong Kong authorities postponed them to September 2021, citing COVID-19 concerns. The National People’s Congress Standing Committee passed a resolution on November 11 disqualifying four standing pandemocratic Legislative Council members with immediate effect and no legal recourse. The 15 remaining pandemocratic members resigned in solidarity, leaving only two members not affiliated with the progovernment camp in the Legislative Council.

The Hong Kong Police Force maintains internal security and reports to the Security Bureau. The Security Bureau and police continue to report to the chief executive in theory, but to implement the National Security Law (see below) imposed by the National People’s Congress Standing Committee in Beijing on June 30, the Hong Kong government established an Office of Safeguarding National Security, a National Security Committee, and a National Security Branch of the Hong Kong police. Because these organs ultimately report to the Chinese central government, and mainland security personnel are reportedly embedded in some of these bodies, the ability of Hong Kong’s civilian authorities to maintain effective control over the security office was no longer clear. Security forces are suspected to have committed some abuses and, after the imposition of the National Security Law, have devoted increasing attention to political cases, including those involving nonviolent protesters, opposition politicians, and activists.

From June 2019 to January 2020, Hong Kong experienced protests, initially drawing more than one million participants, against proposed changes to Hong Kong’s extradition law with mainland China. Participation in the protests dwindled sharply early in the year and remained low due to the COVID-19 pandemic, police denial of demonstration permits, more aggressive police enforcement tactics, and concern about the National Security Law. China undermined Hong Kong’s autonomy through an escalating erosion of civil liberties and democratic institutions throughout the year. In June, with the support of the Hong Kong chief executive, the Chinese National People’s Congress unilaterally imposed the National Security Law on Hong Kong. The National Security Law created four categories of offenses–secession, subversion, terrorist activities, and collusion with a foreign country or external elements to endanger national security–and corresponding penalties. The law has extraterritorial reach. The Office for Safeguarding National Security, which does not fall under the Hong Kong government’s jurisdiction, allows mainland China security elements to operate openly and without accountability to Hong Kong authorities, in contradiction of the spirit and practice of the Sino-British Joint Declaration and the “one country, two systems” framework.

Significant human rights issues included: the establishment of national security organs with sweeping powers and negligible public oversight; allegations of police brutality against protesters and persons in custody; arbitrary arrests; politically motivated reprisals against individuals located outside of Hong Kong; serious restrictions on free expression, the press, and the internet; substantial interference with the rights of peaceful assembly and freedom of association; use of politically motivated arrests and prosecutions to impose restrictions on departing Hong Kong; the inability of citizens to change their government peacefully through free and fair elections; restrictions on political participation; and trafficking in persons.

The government took limited steps to prosecute and punish officials who committed human rights abuses, but refused widespread calls by a large segment of Hong Kong society and others to establish an independent commission to examine allegations of police brutality during the 2019 demonstrations.

Section 2. Respect for Civil Liberties, Including:

Freedom of Association

SAR law provides for freedom of association, but the government did not always respect it if the group was deemed a national security concern. Several proindependence political parties and activist groups disbanded in June after the NSL was announced, due to fear their freedom of association would no longer be respected.

Under the law any person claiming to be an officer of a banned group may be sentenced to a maximum of three years in prison and fined. Those convicted of providing meeting space or other aid to a banned group may also be sentenced to fines and jail time.

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Women

Rape and Domestic Violence: The law criminalizes rape against women, including spousal rape. The Hong Kong Federation of Women Centers stated that in the first quarter of the year, the number of survivors seeking support was more than double the number who sought help in the first quarter of 2019, most likely due to the COVID-19 pandemic and related lockdown measures lowering the visibility of potential victims and increasing their stress. Activists expressed concern that rape was underreported, especially within ethnic minority communities.

The law does not directly criminalize domestic violence, but the government regarded domestic violence against women as a serious concern. Abusers may be liable for criminal charges under offenses against the person, sexual assault, and child mistreatment laws, depending on which act constituted the domestic violence. The government effectively prosecuted violators under existing criminal violations.

The law allows survivors to seek a three-month injunction, extendable to six months, against an abuser. The ordinance covers abuse between spouses, heterosexual and homosexual cohabitants, former spouses or cohabitants, and immediate and extended family members. It protects victims younger than 18, allowing them to apply for an injunction in their own right, with the assistance of an adult guardian, against abuse by parents, siblings, and specified immediate and extended family members. The law also empowers courts to require that an abuser attend an antiviolence program. In cases in which the abuser caused bodily harm, the court may attach an arrest warrant to an existing injunction and extend the validity of both injunctions and arrest warrants to two years.

The government maintained programs that provided intervention, counseling, and assistance to domestic violence victims and abusers.

Sexual Harassment: The law prohibits sexual harassment or discrimination based on sex, marital status, and pregnancy. The law applies to both men and women, and police generally enforced the law effectively. There were multiple reports, however, of sexual harassment in housing, the workplace, and in universities.

Reproductive Rights: Couples and individuals have the right to decide the number, spacing, and timing of children; to manage their reproductive health; and to have access to the information and means to do so, free from discrimination, coercion, or violence.

There are no legal, cultural, or social barriers, or government policies that limit access to contraception or skilled health care during pregnancy and childbirth. The government provides access to sexual and reproductive health services for survivors of sexual violence.

The Department of Health and government-supported organizations offer full support services for family planning needs.

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities.

Discrimination: Women enjoy the same legal status and rights as men. The SAR’s sexual discrimination ordinance prohibits discrimination based on sex or pregnancy status, and the law authorizes the Equal Opportunities Commission to work towards the elimination of discrimination and harassment as well as to promote equal opportunity for men and women. Although the government generally enforced these laws, women reportedly faced some discrimination in employment, salary, welfare, inheritance, and promotion.

Children

Birth Registration: All Chinese nationals born in the SAR, on the mainland, or abroad to parents, of whom at least one is a Chinese national and Hong Kong permanent resident, acquire both Chinese citizenship and Hong Kong permanent residence. Children born in the SAR to non-Chinese parents, at least one of whom is a Hong Kong permanent resident, acquire SAR permanent residence and qualify to apply for naturalization as Chinese citizens. Authorities routinely registered all such statuses.

Child Abuse: The law mandates protection for victims of child abuse (battery, assault, neglect, abandonment, and sexual exploitation), and the SAR government enforced the law. The law allows for the prosecution of certain sexual offenses, including against minors, committed outside the territory of the SAR.

The government provided parent education programs through its maternal and child-health centers, public education programs, clinical psychologists, and social workers. Police maintained a child abuse investigation unit and, in collaboration with the Social Welfare Department, operated a child witness support program.

Child, Early, and Forced Marriage: The legal minimum age of marriage is 16 for both girls and boys; however, parents’ written consent is required for marriage before age 21.

Sexual Exploitation of Children: The age of consent is effectively 16. Under the law a person having “unlawful sexual intercourse” with a person younger than 16 is subject to five years’ imprisonment, while unlawful sexual intercourse with a victim younger than 13 carries a sentence of life imprisonment. The law prohibits the commercial sexual exploitation of children and procuring children for prostitution. The law makes it an offense to possess, produce, copy, import, or export pornography involving a child or to publish or cause to be published any advertisement that conveys, or is likely to be understood as conveying, the message that a person has published, publishes, or intends to publish any child pornography. Authorities enforced the law. The penalty for creation, publication, or advertisement of child pornography is eight years’ imprisonment, while possession carries a penalty of five years’ imprisonment.

International Child Abductions: The SAR is a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data/reported-cases.html.

Anti-Semitism

The Jewish community numbered approximately 2,500 persons. There were no reports of anti-Semitic acts.

Trafficking in Persons

See the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.

Persons with Disabilities

The law prohibits discrimination against persons with physical, sensory, intellectual, and mental disabilities, and the government generally enforced these provisions. The government took action to investigate and punish those responsible for violence or abuses against persons with disabilities. The government generally implemented laws and programs to provide persons with disabilities access to education, employment, the judicial system, and health services. The law on disabilities states that children with separate educational needs must have equal opportunity in accessing education. Some human rights groups reported the SAR’s disability law was too limited and that its implementation did not promote equal opportunities. The Social Welfare Department provided training and vocational rehabilitation services to assist persons with disabilities, offered subsidized resident-care services for persons deemed unable to live independently, offered preschool services to children with disabilities, and provided community support services for persons with mental disabilities, their families, and other local residents.

The government generally implemented laws and programs to provide persons with disabilities access to information, communications, and buildings, although there were reports of some restrictions. The law calls for improved building access and provides for sanctions against those who discriminate.

Members of National/Racial/Ethnic Minority Groups

Although ethnic Chinese account for most of the population, the SAR is a multiethnic society, with persons from a number of ethnic groups recognized as permanent residents with full rights under the law. The law prohibits discrimination, and the Equal Opportunities Commission oversees implementation and enforcement of the law. The commission maintained a hotline for inquiries and complaints concerning racial discrimination. Although the SAR government took steps to reduce discrimination, there were frequent reports of discrimination against ethnic minorities; the law does not clearly cover racial discrimination occurring during law enforcement activity.

Advocates stated there were indications of racism in COVID-19 testing and quarantine measures. Returning South and Southeast Asian SAR minority residents complained of poor quarantine facilities, wait times, and diet, and accused the SAR of discrimination.

Persons born in mainland China also experienced frequent discrimination. Nonpermanent residents did not receive SAR cash subsidies to help with the COVID-19-related economic downturn until eight months after the pandemic began in the SAR.

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

No laws criminalize consensual same-sex sexual conduct between adults. While the SAR has laws that ban discrimination on the grounds of race, sex, disability, and family status, no law prohibits companies or individuals from discriminating on grounds of sexual orientation or gender identity. There are also no laws that specifically aid in the prosecution of bias-motivated crimes against members of the lesbian, gay, bisexual, transgender, or intersex community. In March the high court ruled in favor of a gay man who sued the government for disqualifying his and his same-sex partner’s public housing application.

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The law provides for the right of workers to form and join independent unions without previous authorization or excessive requirements and to conduct legal strikes, but it does not protect the right to collective bargaining or obligate employers to bargain. Trade unions claimed the lack of collective bargaining rights and divisions in the labor movement weakened workers’ leverage in negotiations. The law explicitly prohibits civil servants from bargaining collectively.

The law prohibits firing an employee for striking and voids any section of an employment contract that punishes a worker for striking. The commissioner of police has broad authority to control and direct public gatherings, including strikes, in the interest of national security or public safety.

By law an employer may not fire, penalize, or discriminate against an employee who exercises his or her union rights and may not prevent or deter the employee from exercising such rights. Penalties for violations of laws protecting union and related worker rights include fines as well as legal damages paid to workers. Penalties were commensurate with those under other laws involving the denial of civil rights. The law was not effectively enforced due to the increasingly politicized environment. Dismissed employees had difficulty proving antiunion discrimination. In January more than 3,000 members of a health-care trade union held a strike to pressure the SAR to close the border with mainland China to prevent further spread of COVID-19. After the strike concluded, the SAR sent letters to medical workers demanding that they account for absences during the strike period to determine whether the salaries earned were commensurate to the work provided. The union stated that those letters constituted veiled threats not only to identify the members who participated but also to financially penalize them.

On November 2, SAR police denied the petition submitted by the Cathay Pacific airline union to protest the airline’s firing of thousands of workers and then offering the remaining workers unfair contracts. The denial cited COVID-19 health precautions and noted that the 2019 protests disrupted the airport’s operations. Labor unions and prodemocratic lawmakers stated that proposed protest site was located away from the airport and the denial was a clear indication that COVID-19 precautions were used to silence opposition opinions further.

b. Prohibition of Forced or Compulsory Labor

The law does not prohibit all forms of forced or compulsory labor, nor do laws specifically criminalize forced labor. Instead, the SAR uses its Employment and Theft Ordinances to prosecute labor violations and related offenses. Because labor violations are typically civil offenses with monetary fines, penalties for these offenses were not commensurate with those for analogous serious crimes, such as kidnapping, which violate the crimes ordinance and carry prison terms.

NGOs expressed concerns that some migrant workers, especially domestic workers in private homes, faced high levels of indebtedness assumed as part of the recruitment process, creating a risk they could fall victim to debt bondage. Domestic workers in Hong Kong were mostly women and mainly came from the Philippines, Indonesia, and other Southeast Asian countries. The SAR allows for the collection of maximum placement fees of 10 percent of the first month’s wages, but some recruitment firms required large up-front fees in the country of origin that workers struggled to repay. Some locally licensed employment agencies were suspected of colluding with agencies overseas to profit from debt schemes, and some local agencies illegally confiscated the passports and employment contracts of domestic workers and withheld them until they repaid the debt. In August officials concluded a year-long investigation, arresting and jailing three SAR residents for participating in a predatory loan syndicate involving local Philippine employment agencies.

SAR authorities stated they encouraged aggrieved workers to file complaints and make use of government conciliation services and that they actively pursued reports of any labor violations.

See also the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.

c. Prohibition of Child Labor and Minimum Age for Employment

The law prohibits the worst forms of child labor. Regulations prohibit employment of children younger than 15 in any industrial establishment. Children younger than 13 are prohibited from taking up employment in all economic sectors. Children who are 13 or older may be employed in nonindustrial establishments, subject to certain requirements, such as parental written consent and proof the child has completed the required schooling.

The Labor Department effectively enforced these laws and regularly inspected workplaces to enforce compliance with the regulations. Penalties for child labor law violations include fines and legal damages and were not commensurate with those for analogous serious crimes, such as kidnapping, that violate the crimes ordinance and carry prison terms.

d. Discrimination with Respect to Employment and Occupation

The law and regulations prohibit employment discrimination based on race or ethnicity, disability, family status (marital status or pregnancy), or sex. The law stipulates employers must prove that proficiency in a particular language is a justifiable job requirement if they reject a candidate on those grounds. Regulations do not prohibit employment discrimination on the grounds of color, religion, political opinion, national origin or citizenship, sexual orientation or gender identity, HIV or other communicable disease status, or social status.

The government generally enforced these laws and regulations. In cases in which employment discrimination occurred, the SAR’s courts had broad powers to levy penalties on those violating these laws and regulations.

Human rights activists and local scholars continued to raise concerns about job prospects for minority students, who were more likely to hold low-paying, low-skilled jobs and earn below-average wages. Experts assessed that a lack of Chinese-language skills was the greatest barrier to employment.

e. Acceptable Conditions of Work

The statutory minimum wage was below the poverty line for an average-sized household. There were many press reports regarding poor conditions faced by and underpayment of wages to domestic workers. The Labor Tribunal adjudicated disputes involving nonpayment or underpayment of wages and wrongful dismissal.

The law does not regulate working hours, paid weekly rest, rest breaks, or compulsory overtime for most employees. Several labor groups reported that employers expected extremely long hours and called for legislation to address that concern.

Workplace health and safety laws allow workers to remove themselves from situations that endanger health or safety without jeopardy to their employment. Employers are required to report any injuries sustained by their employees in work-related accidents.

The number of inspectors was sufficient to enforce compliance. The government effectively enforced the law, and the number of labor inspectors was sufficient to deter violations except in the cases of nonpayment or underpayment of wages to, and working conditions of, domestic workers. Penalties for violations of the minimum wage or occupational safety and health violations include fines, damages, and worker’s compensation payments. These penalties were commensurate with those for similar crimes.

The Occupational Safety and Health Branch of the Labor Department is responsible for safety and health promotion, identification of unsafe conditions, enforcement of safety management legislation, and policy formulation and implementation. Inspectors have the authority to make unannounced inspections and initiate investigations and prosecutions. For the first six months of the year, the Labor Department reported 3,278 cases of occupational accidents, including nine fatalities, with 1,102 accidents in the construction sector and 1,508 in the food and beverage services sector. The department reported 12,502 cases of occupational injuries, including 113 deaths.

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China | Macau | Tibet

Macau

Read A Section: Macau

China | Hong KongTibet

EXECUTIVE SUMMARY

Macau is a Special Administrative Region of the People’s Republic of China. In 2017 residents elected 14 representatives to its Legislative Assembly. In accordance with the law, limited franchise functional constituencies elected 12 representatives, and the chief executive nominated the remaining seven. In August 2019 a 400-member election committee selected Ho Iat-seng to serve a five-year term as chief executive.

The Secretariat for Security oversees the Public Security Police, which has responsibility for general law enforcement, and the Judiciary Police, which has responsibility for criminal investigations. Civilian authorities maintained effective control over the security forces. Members of the security forces committed isolated abuses.

Significant human rights issues included: interference with the rights of peaceful assembly; restrictions on political participation; and trafficking in persons.

The government took steps to prosecute and punish officials who committed human rights abuses.

Section 2. Respect for Civil Liberties, Including:

Freedom of Association

The law provides for freedom of association, and the government generally respected this right. No authorization is required to form an association, and the only restrictions on forming an organization are that it not promote racial discrimination, violence, crime, or disruption of public order, or be military or paramilitary in nature.

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Women

Rape and Domestic Violence: The law criminalizes rape, including spousal rape, and domestic violence, but the domestic-violence law does not cover same-sex couples. The rate of investigation for domestic-violence cases was low, with police initiating investigations in only 17 of the 107 cases of domestic violence reported to them in 2019, according to official statistics. Domestic-violence law stipulates that a judge may order urgent coercive measures imposed upon the defendant individually or cumulatively, and the application of these measures does not preclude the possibility of prosecuting the perpetrators for criminal responsibilities as stipulated in the criminal code.

The government made referrals for victims to receive medical treatment, and social workers counseled victims and informed them of social welfare services. The government funded nongovernmental organizations to provide victim support services, including medical services, family counseling, and housing, until their complaints were resolved.

Sexual Harassment: The law criminalizes physical sexual harassment, but verbal and noncontact harassment are not covered by the law. Persons convicted of sexual harassment may be imprisoned for up to one year.

Reproductive Rights: Couples and individuals have the right to decide the number, spacing, and timing of children; to manage their reproductive health; and have access to the information and means to do so, free from discrimination, coercion, or violence. There were no legal, social, or cultural barriers, or government policies, that restricted access to contraception or to skilled health attendance during pregnancy and childbirth.

The government provides access to sexual and reproductive health services for sexual violence survivors.

During the year virtually all births were attended by skilled health personnel. In 2019 the adolescent (age 15-19) birth rate was two per thousand. The Health Bureau offers full support services for family planning needs.

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities.

Discrimination: Equal opportunity legislation mandates that women receive equal pay for equal work. The law prohibits discrimination in hiring practices based on gender or physical ability and allows for civil suits. Penalties exist for employers who violate these guidelines and the government generally enforced the law effectively. Media reports, however, indicated that discrimination persisted and gender differences in occupation existed, with women concentrated in lower-paid sectors and lower-level jobs.

Children

Birth Registration: According to the Basic Law, children of Chinese national residents of the SAR who were born inside or outside the SAR and children born to non-Chinese national permanent residents inside the SAR are regarded as permanent residents. There is no differentiation between these categories in terms of access to registration of birth. Most births were registered immediately.

Child, Early, and Forced Marriage: The minimum legal age of marriage is age 16; however, children from ages 16 to 18 who wish to marry must obtain approval from their parents or guardians.

Sexual Exploitation of Children: The law specifically provides for criminal punishment for sexual abuse of children and students, statutory rape, and procurement involving minors. The criminal code sets 14 years as the age of sexual consent. The law forbids procurement for prostitution of a person younger than age 18. The law also prohibits child pornography. The government generally enforced these laws effectively, but there were concerns about the exploitation of minors in commercial sex.

International Child Abductions: Macau is a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data/reported-cases.html.

Anti-Semitism

The Jewish population was extremely small. There were no reports of anti-Semitic acts.

Trafficking in Persons

See the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.

Persons with Disabilities

The law prohibits discrimination against persons with physical, sensory, intellectual, and mental disabilities, and the government generally enforced these provisions. The law mandates access to buildings, public facilities, information, and communications for persons with disabilities. The government enforced the law effectively.

Members of National/Racial/Ethnic Minority Groups

There were reports of societal discrimination against members of ethnic minority groups, and the law did not fully define and criminalize racial discrimination.

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

The law prohibits discrimination in employment on the grounds of sexual orientation; however, the law does not prohibit discrimination based on sexual orientation in other areas, such as housing.

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The Basic Law provides for the right of workers to form and join unions, but the Legislative Assembly has not passed legislation to regulate this right. Workers have the right to join labor associations of their choice, but employers and the government reportedly wielded considerable influence over some associations. The law does not provide for workers to bargain collectively, and while workers have the right to conduct legal strikes, there is no specific protection in the law from retribution if workers exercise this right. The law prohibits antiunion discrimination, stating employees or job seekers shall not be prejudiced, deprived of any rights, or exempted from any duties based on their membership in an association. There were no reports that the government threatened or was violent towards union leaders. The law does not stipulate the financial penalties for antiunion discrimination and cannot be compared to other laws involving denials of civil rights, such as discrimination. The law does not require reinstatement of workers dismissed for union activity.

The law forbids workers in certain professions, such as the security forces, to form unions, to take part in protests, or to strike. Such groups had organizations that provided welfare and other services to members and could speak to the government on behalf of members. Vulnerable groups of workers, including domestic workers and migrant workers, could freely associate and form associations, as could public servants.

Workers who believed they were dismissed unlawfully could bring a case to court or lodge a complaint with the Labor Affairs Bureau (LAB) or the Commission against Corruption, which also has an Ombudsman Bureau to handle complaints over administrative violations. The bureau makes recommendations to the relevant government departments after its investigation.

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor. Penalties range from three to 12 years’ imprisonment, with the minimum and maximum sentences increased by one-third if the victim is younger than age 14. Observers previously noted these penalties generally were commensurate with those for other analogous serious crimes, such as kidnapping. The government did not effectively enforce the law.

Children and migrants were vulnerable to sex and labor trafficking. Migrant construction and domestic workers were vulnerable to exploitative conditions such as recruitment fees, withholding of passports, and debt coercion. Victims were compelled to work in the commercial sex industry, entertainment establishments, and private homes where their freedom of movement was restricted, they were threatened with violence, and forced to work long hours. The government investigated trafficking cases (which typically total one or two annually), but there were no convictions during the year.

Also see the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.

c. Prohibition of Child Labor and Minimum Age for Employment

The law prohibits all the worst forms of child labor. A law prohibits minors younger than age 16 from working, although minors ages 14 and 15 may work in “exceptional circumstances” if they get a health certificate to prove they have the “necessary robust physique to engage in a professional activity.” The law defines “exceptional circumstances” as: the minor (younger than age 16) has completed compulsory education and has the authorization of the LAB after hearing the Education and Youth Affairs Bureau’s opinions; minors between ages 14 and 16 may work for public or private entities during school summer holidays; and minors of any age may be employed for cultural, artistic, or advertising activities upon authorization of the LAB after hearing the Education and Youth Affairs Bureau’s opinions and when such employment does not adversely affect their school attendance. The law governing the number of working hours was equally applicable to adults and legally working minors, but the law prohibits minors from working overtime hours. According to the civil code, minors who are age 16 can acquire full legal capacity if they marry.

The law prohibits minors younger than age 16 from certain types of work, including but not limited to domestic work, employment between 9 p.m. and 7 a.m., and employment at places where admission of minors is forbidden, such as casinos. The government requires employers to assess the nature, extent, and duration of risk exposure at work before recruiting or employing a minor. These regulations serve to protect children from physically hazardous work, including exposure to dangerous chemicals, and jobs deemed inappropriate due to the child’s age.

The LAB enforced the law through periodic and targeted inspections, and prosecuted violators. Penalties fall under the labor ordinance and are financial; thus these are not comparable to those for other analogous serious crimes, such as kidnapping. If a minor is a victim of forced labor, however, then the penalties are commensurate with those for kidnapping.

d. Discrimination with Respect to Employment and Occupation

The law provides that all residents shall be equal before the law and shall be free from discrimination, irrespective of national or social origin, descent, race, color, gender, sexual orientation, age, marital status, language, religion, political or ideological beliefs, membership in associations, education, or economic background. Equal opportunity legislation states that women are to receive equal pay for equal work. The labor law does not contain any legal restrictions against women in employment, to include limiting working hours, occupations, or tasks.

In November the government put into effect a minimum wage law that excludes disabled workers and domestic workers. The government justified the exclusion based on other benefits received and for the domestic workers, a pre-established minimum rate and housing allowance. The law prohibits discrimination in hiring practices based on gender or physical ability and allows for civil suits. Penalties exist for employers who violate these guidelines, and the government generally enforced the law effectively. Penalties were commensurate with those for other laws involving denials of civil rights, such as election interference.

Some discrimination occurred. In January security companies disclosed informal government requests to hire ethnic Chinese security guards. According to official statistics, at the end of July, nonresident workers accounted for approximately 30 percent of the population. They frequently complained of discrimination in workplace hiring and wages.

In March the chief executive ordered a blanket ban on the entry of foreign nonresident workers to stem the further spread of COVID-19. The order stated that in exceptional cases, the Health Bureau could allow the entry of foreign nonresident workers “in the public interest” such as for prevention, control, and treatment of the disease, and aid and emergency measures. Nonresident workers from China, Hong Kong, and Taiwan were not covered by the ban.

e. Acceptable Conditions of Work

Local labor laws establish the general principle of fair wages and mandate compliance with wage agreements. In April the Legislative Assembly passed a law guaranteeing a minimum wage of 32 patacas ($4) per hour for all employees except for domestic workers and persons with disabilities. The SAR does not calculate an official poverty line. The law provides for a 48-hour workweek, an eight-hour workday, paid overtime, annual leave, and medical and maternity care. The law provides for a 24-hour rest period each week. All workers, whether under a term contract or an indefinite contract, are entitled to such benefits as specified working hours, weekly leave, statutory holidays, annual leave, and sick leave. It was not clear whether penalties were sufficient to deter violations. The law prohibits excessive overtime but permits legal overtime (a maximum of eight hours per day and irrespective of workers’ consent) in force majeure cases or in response to external shocks, at the discretion of the employer. Overtime laws are part of the labor ordinance, which is civil, and involve a financial penalty that is not commensurate with those for crimes, such as fraud, which violate the criminal ordinance and subject perpetrators to incarceration.

All workers, including migrants, have access to the courts in cases in which an employee is unlawfully dismissed, an employer fails to pay compensation, or a worker believes his or her legitimate interests were violated. If an employer dismisses staff “without just cause,” the employer must provide economic compensation indexed to an employee’s length of service.

The LAB provides assistance and legal advice to workers upon request, and cases of labor-related malpractice are referred to the LAB.

The law requires that employers provide a safe working environment. The LAB set industry-appropriate occupational safety and health standards and enforced occupational safety and health regulations. Failure to correct infractions could lead to prosecution. The number of labor inspectors was adequate to enforce compliance. Penalties for violations were not specified in the labor ordinance, other than holding the employer liable.

The law allows workers to remove themselves from hazardous conditions without jeopardy to their employment.

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China | Hong KongTibet

Macau

Read A Section: Macau

China | Hong KongTibet

EXECUTIVE SUMMARY

Macau is a Special Administrative Region of the People’s Republic of China. In September residents elected 14 representatives from an approved candidate pool to its Legislative Assembly. Limited franchise functional constituencies elected 12 representatives, and the chief executive nominated the remaining seven representatives in the 33-seat legislature. In August 2019 a 400-member election committee selected Ho Iat-seng to serve a five-year term as chief executive.

The Secretariat for Security oversees the Public Security Police, which has responsibility for general law enforcement, and the Judiciary Police, which has responsibility for criminal investigations. Civilian authorities maintained effective control over the security forces. There were credible reports that members of the security forces committed isolated abuses.

Significant human rights issues included the existence of criminal libel laws and credible reports of: substantial interference with the right of peaceful assembly; inability of citizens to change their government peacefully through free and fair elections; serious restrictions on political participation, including the disqualification of prodemocracy candidates in elections; and trafficking in persons.

The government took steps to prosecute and punish officials who committed human rights abuses or engaged in corruption.

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The Basic Law provides for the right of workers to form and join unions, but the Legislative Assembly has not passed legislation to regulate this right. Workers have the right to join labor associations of their choice, but employers and the government reportedly wielded considerable influence over some associations. The law does not provide for workers to bargain collectively, and while workers have the right to conduct legal strikes, there is no specific protection in the law from retribution if workers exercise this right, and no strikes occurred. The law prohibits antiunion discrimination, stating employees or job seekers shall not be prejudiced, deprived of any rights, or exempted from any duties based on their membership in an association. There were no reports that the government threatened or was violent towards labor leaders. The law does not stipulate the financial penalties for antiunion discrimination. The law does not require reinstatement of workers dismissed for union activity.

The law forbids workers in certain professions, such as the security forces, to form unions, to take part in protests, or to strike. Such groups had organizations that provided welfare and other services to members and could speak to the government on behalf of members. Vulnerable groups of workers, including domestic workers and migrant workers, could freely associate and form associations, as could public servants.

Workers who believed they were dismissed unlawfully could bring a case to court or lodge a complaint with the Labor Affairs Bureau (LAB) or the Commission against Corruption, which also has an Ombudsman Bureau to handle complaints over administrative violations. The bureau makes recommendations to the relevant government departments after its investigation.

Government and employers did not respect collective bargaining and freedom of association in practice. Government influenced the selection of association officials and interfered in the functioning of workers’ organizations. Penalties for violations were not commensurate with those for other similar violations and were seldom applied.

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor. Penalties range from three to 12 years’ imprisonment, with the minimum and maximum sentences increased by one-third if the victim is younger than age 14. Penalties generally were commensurate with those for other analogous serious crimes, such as kidnapping. The government did not effectively enforce the law. The government investigated trafficking cases, which typically total one or two annually, but during the year recorded no new investigations. There were no convictions during the year.

Children and migrants were vulnerable to sex and labor trafficking. Migrant construction and domestic workers were vulnerable to exploitative conditions such as recruitment fees, withholding of passports, and debt-based coercion. Victims were compelled to work in the commercial sex industry, entertainment establishments, and private homes where their freedom of movement was restricted, they were threatened with violence, and forced to work long hours.

Also see the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.

c. Prohibition of Child Labor and Minimum Age for Employment

The law prohibits all the worst forms of child labor. A law prohibits minors younger than age 16 from working, although minors ages 14 and 15 may work in “exceptional circumstances” if they get a health certificate to prove they have the “necessary robust physique to engage in a professional activity.” The law defines “exceptional circumstances” as: the minor (younger than age 16) has completed compulsory education and has the authorization of the LAB after hearing the Education and Youth Affairs Bureau’s opinions; minors between ages 14 and 16 may work for public or private entities during school summer holidays; and minors of any age may be employed for cultural, artistic, or advertising activities upon authorization of the LAB after hearing the Education and Youth Affairs Bureau’s opinions and when such employment does not adversely affect their school attendance. The law governing the number of working hours was equally applicable to adults and legally working minors, but the law prohibits minors from working overtime hours. According to the civil code, minors age 16 can acquire full legal capacity if they marry.

The law prohibits minors younger than age 16 from certain types of work, including but not limited to domestic work, employment between 9 p.m. and 7 a.m., and employment at places where admission of minors is forbidden, such as casinos. The government requires employers to assess the nature, extent, and duration of risk exposure at work before recruiting or employing a minor. These regulations served to protect children from physically hazardous work, including exposure to dangerous chemicals, and jobs deemed inappropriate due to the child’s age.

The LAB was responsible for enforcing the law through periodic and targeted inspections and prosecutions but did so inconsistently. LAB operations were adequately resourced, but prosecutions for labor trafficking fell to zero, and the Public Prosecutions Office was unable to convict any traffickers during the year.

Penalties for noncompliance with minimum wage law and child labor provisions fall under the labor ordinance and are financial; they are not comparable to those for other analogous serious crimes, such as kidnapping. If a minor is a victim of forced labor, however, the penalties are commensurate with those for kidnapping.

d. Discrimination with Respect to Employment and Occupation

The law provides that all residents shall be equal before the law and shall be free from discrimination, irrespective of national or social origin, descent, race, color, gender, sexual orientation, age, marital status, language, religion, political or ideological beliefs, membership in associations, education, or economic background. It does not address HIV/AIDS or refugee status. Equal opportunity legislation states that women are to receive equal pay for equal work. The labor law does not contain any legal restrictions against women in employment, to include limiting working hours, occupations, or tasks.

The government excludes persons with disabilities and domestic workers from the minimum wage law. The law prohibits discrimination in hiring practices based on gender or physical ability and allows for civil suits. The government generally enforced the law effectively in response to complaints via hotlines and online platforms. Penalties were commensurate with those for other laws involving denials of civil rights, such as election interference.

Some discrimination occurred. In February Secretary for Security Wong Sio-chak stated that nonresident workers do not have the same absolute rights as guaranteed under the Basic Law when explaining why a Burmese nonresident’s request to organize a protest against the military coup in Burma was rejected.

As of December the SAR maintained a blanket ban on the entry of foreign nonresident workers to stem the further spread of COVID-19. The order stated that in exceptional cases, the Health Bureau could allow the entry of foreign nonresident workers “in the public interest,” such as for prevention, control, and treatment of the disease, and aid and emergency measures. Nonresident workers from China, Hong Kong, and Taiwan were not covered by the ban.

e. Acceptable Conditions of Work

Wage and Hour Laws: Local labor laws establish the general principle of fair wages and mandate compliance with wage agreements. The SAR does not calculate an official poverty line, but the minimum wage was well above the World Bank’s poverty line of $1.90 per day. The law provides for a 48-hour workweek, an eight-hour workday, paid overtime, annual leave, health care, and maternity care. The law provides for a 24-hour rest period each week. All workers, whether under a term contract or an indefinite contract, are entitled to such benefits as specified working hours, weekly leave, statutory holidays, annual leave, and sick leave. The law prohibits excessive overtime but permits legal overtime (a maximum of eight hours per day and irrespective of workers’ consent) in force majeure cases or in response to external shocks, at the discretion of the employer. Overtime and wage laws are part of the labor ordinance, which is civil, and involve a financial penalty that was not commensurate with those for crimes, such as fraud, which violate the criminal ordinance and subject perpetrators to incarceration.

All workers, including migrants, have access to the courts in cases in which an employee is unlawfully dismissed, an employer fails to pay compensation, or a worker believes his or her legitimate interests were violated. If an employer dismisses staff “without just cause,” the employer must provide economic compensation indexed to an employee’s length of service.

The LAB provides assistance and legal advice to workers upon request, and cases of labor-related malpractice are referred to the LAB.

Occupational Safety and Health: The law requires that employers provide a safe working environment. The LAB set industry-appropriate occupational safety and health standards and enforced occupational safety and health regulations. Failure to correct infractions could lead to prosecution. The number of labor inspectors was adequate to enforce compliance. Inspectors were authorized to conduct unannounced visits and levy sanctions. Inspectors, and not the worker, were responsible for identifying dangerous working conditions. Penalties for violations were not specified in the labor ordinance, other than holding the employer liable.

The law allows workers to remove themselves from hazardous conditions without jeopardy to their employment. The most hazardous sector of the SAR’s economy was the construction industry; work-related accidents in 2020 (mostly on construction sites) caused 14 deaths and rendered 24 workers permanently disabled. The fatal work injury rate was 10.7 fatalities per 1,000 full-time equivalent workers in 2020. In separate incidents in August and November, two construction workers died after falls from the scaffolding on casino construction sites.

South Korea

Executive Summary

The Republic of Korea (South Korea) is a constitutional democracy governed by a president and a unicameral legislature. Observers considered the presidential election in 2017 and the April 15 legislative elections free and fair. Moon Jae-in was elected president in an early election following the impeachment of former president Park Geun-hye.

The Korean National Police Agency, under the supervision of the Ministry of the Interior and Safety, is responsible for internal security over land, and the Korea Coast Guard has jurisdiction over the sea. The National Intelligence Service investigates suspected criminal activity related to national security. Civilian authorities maintained effective control over security forces, and the government utilized effective mechanisms to investigate and punish abuse of power.

Significant human rights issues included: restrictions on freedom of expression, including criminalizing the sending of leaflets and other materials into North Korea, and the existence of criminal libel laws; corruption; and laws criminalizing consensual same-sex sexual conduct between adults in the military.

The government took steps to prosecute officials who committed abuses.

Section 2. Respect for Civil Liberties, Including:

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Women

Rape and Domestic Violence: The law criminalizes rape of women; rape not involving vaginal sexual intercourse is considered “imitative rape.” The penalty for rape ranges from a minimum of three years’ to life imprisonment depending on the specific circumstances, while “imitative rape” carries a minimum penalty of two years’ imprisonment. Although no specific statute defines spousal rape as illegal, the Supreme Court acknowledged marital rape as illegal. Rape and “imitative rape” are defined in law as involving the use of violence. The law defines domestic violence as a serious crime and authorizes courts to order offenders to stay away from victims for up to six months. This restraining order may be extended up to two years. Offenders may be sentenced to a maximum of five years in prison plus fines for domestic violence offenses. Noncompliance with domestic violence restraining orders may result in a maximum sentence of two years in prison and a substantial fine. Authorities may also place convicted offenders on probation or order them to see court-designated counselors.

When there is a danger of domestic violence recurring and an immediate need for protection, the law allows a provisional order to be issued ex officio or at the victim’s request. This may restrict the subject of the order from living in the same home, approaching within 109 yards of the victim, or contacting the victim through telecommunication devices.

The law allows judges or a Ministry of Justice committee to sentence repeat sex offenders to “chemical castration,” where sex offenders undergo drug treatment designed to diminish sexual urges. No such sentence was carried out between January and September.

Police generally responded promptly and appropriately to reported incidents, and the judicial system effectively enforced the law. Because a rape conviction requires proving that violence was used, and because the country’s defamation laws allow countersuits by alleged perpetrators, rape offenses were underreported and underprosecuted.

The Commission for the Eradication of Sexual Violence and Digital Sex Crimes seeks to coordinate the provision of countermeasures and promote consultation across ministries. It is composed of 24 members, including the minister for gender equality, vice ministers of relevant ministries, and private sector experts. The government also established gender equality positions in eight ministries to place greater emphasis on these issues. The Digital Sex Crime Victim Support Center, launched in 2018 by the Ministry for Gender Equality and Family, assists victims in requesting the deletion of images and videos from websites and supports victims in collecting evidence and filing police reports. It also makes referrals for free legal services and provides financial assistance for medical expenses. (For more on sex crimes facilitated by the internet, see “Sexual Exploitation of Children” below.)

Domestic violence remained a significant and underreported problem. According to official statistics, 240,564 cases of domestic violence were reported in 2019, a 3 percent decrease from 2018.

NGOs and media continued to report on crimes against and mistreatment of foreign brides. Starting in the 1980s, rural local governments began subsidizing private marriage brokers who could connect unmarried men to foreign women, initially ethnic Korean Chinese and in recent years primarily Vietnamese, Cambodian, and Filipina. Civil society advocates argued that the subsidies amounted to “wife buying” and asserted that the brides were particularly vulnerable to human rights abuses because they tended to have a poor grasp of the Korean language, were often significantly younger than their husbands and lacked a support network in the country. According to a 2018 report by the NHRCK, 42 percent of foreign-born brides have experienced domestic violence and 68 percent have experienced unwanted sexual advances. In contrast, 29 percent of women from South Korea surveyed by the Ministry of Gender Equality and Family in 2019 said that they were victims of domestic violence.

In April a court sentenced a Gyeonggi Province man to 15 years’ imprisonment for the November 2019 murder of his wife, whom he wed in Vietnam the day after they first met. Much younger than her husband and with very limited knowledge of the Korean language, the woman was reportedly in constant conflict with her husband over lifestyle and financial issues after moving to South Korea in August 2019.

In response to violence against migrant brides, the Ministry of Gender Equality and Family established five counseling centers for migrant women victims of sexual or domestic violence in 2019. The centers operated shelters for victims needing emergency protection from violence. The Ministry of Justice instituted a “one strike” policy in 2019 to prevent a person convicted of domestic violence from petitioning for a visa for a foreign bride. Observers noted that the addition of a “right to request investigation” policy might make foreign spouses more vulnerable. The policy would allow the South Korean spouse to petition immigration authorities directly to investigate the foreign spouse in the event of separation.

The Gender Equality Ministry operated the Special Center for Reporting Sexual Harassment and Sexual Assault. In 2019, a total of 276,122 cases of sexual violence were reported to 170 sexual violence counseling centers nationwide, including 104 centers funded by the central and local governments and 39 government-funded “sunflower centers” that provided counseling, medical care and therapy, caseworkers, and legal assistance. The reported cases represented a 12.6 percent increase since 2018. Civil society advocates attributed the increase in reported cases to women’s increased willingness to speak out about sexual violence after the start of Korea’s #MeToo movement, which began in January 2018. According to NGOs, sunflower centers generally provided adequate support to victims of sexual assault.

Sexual harassment was a significant social problem, and there were numerous allegations of sexual harassment, including high-profile cases involving public officials, reported in media throughout the year.

Seoul mayor Park Won-soon died by suicide July 9, the day after his former secretary filed a complaint to the police alleging that Park had sexually harassed her. According to the complaint, from 2017 onward Park had repeatedly touched the woman without her consent and sent her inappropriate messages and photos, with the harassment continuing even after she transferred offices. In a statement made after Park’s death, the secretary said that Park had sent her photos of him wearing only underwear and called her into a bedroom attached to his office, asking her to embrace him. By law the case terminated after Park’s death. Women’s rights advocates and the complainant’s lawyer, however, continued to press for a complete investigation. Park was known as a champion for women’s rights and was highly regarded for his successful representation in 1993 of the victim in what is seen as the country’s first sexual harassment case.

The mayor of Busan, Oh Geo-don, resigned in April after admitting to “unnecessary physical contact” with a female subordinate. The Busan Counseling Center against Sexual Violence provided assistance to the victim and called on the Busan city government to eliminate its male-centric work culture through gender equality training and other measures. In August the former mayor was indicted on charges of indecent assault. As of September the case continued.

Reproductive Rights: Under the law couples and individuals have the right to decide freely the number, spacing, and timing of their children and to manage their reproductive health, and they had access to the information and means to do so, free from discrimination, coercion, and violence. There were no legal, social, or cultural barriers or any government policy that adversely affected access to contraception or skilled health attendance during pregnancy and childbirth. The government also provided access to sexual and reproductive health services for sexual violence survivors.

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities.

Discrimination: Women enjoy the same legal rights under the constitution as men. Women, however, experienced societal abuses and employment discrimination (see section 7.d.).

Children

Birth Registration: Citizenship requires one parent be a citizen at the time of birth. Authorities also grant citizenship in circumstances where parentage is unclear or if the child would otherwise be stateless. The law requires that all children be registered in family registries and prohibits adoption of children for the first week after birth.

Child Abuse: The law criminalizes serious injury and repeated abuse of children and provides prison terms of between five years and life.

The Ministry of Health and Welfare reported a 13.7 percent increase in reported child abuse cases from 2018 to 2019, attributed in part to increased public awareness and expanded child welfare reporting requirements.

The ministry conducted human rights training for case managers and other employees associated with their Dream Start program, a program that provides educational, health, and developmental services for disadvantaged children and their families.

As in previous years, reports of abuse at daycare centers received national attention. In July a court in Gangwon Province sentenced a daycare instructor to 14 months’ imprisonment on charges of physically and emotionally abusing one-year-old children at the daycare center where she worked. The instructor pinched and slapped babies and forced them to stand for long periods, among other abuse. The court also fined the director of the daycare center three million won ($2,585) for failure to properly supervise the employee and prevent the abuse.

Child, Early, and Forced Marriage: The minimum legal age for men and women to marry is 18. There were no reported cases of forced marriage.

Sexual Exploitation of Children: In May the government raised the age of consent from 13 to 16 and introduced stricter punishments for other child sex crimes. It is illegal to deceive or pressure anyone younger than 19 into having sexual intercourse. The penalty for rape of a minor younger than age 13 ranges from 10 years to life in prison; the penalty for rape of a minor age 13 to 19 is five years’ to life imprisonment. Other penalties include electronic monitoring of offenders, public release of their personal information, and reversible hormone treatment.

The law prohibits the commercialization of child pornography. Offenders convicted of producing or possessing child sexual abuse materials for the purpose of selling, leasing, or distributing for profit are subject to a maximum of seven years’ imprisonment, and in May the government increased or established minimum penalties for child pornography crimes. Under the revised law, the minimum sentence for distribution of child pornography for profit is five years’ imprisonment, distribution not for profit is three years’ imprisonment, and possession or purchase of child pornography is one year’s imprisonment.

The May amendments to the law were collectively termed the Nth Room Prevention Act. “Nth Room” refers to online chatrooms whose administrators coerced women and minors into producing degrading and sometimes violent pornographic videos. In March authorities arrested Cho Ju-bin, the operator of one of these chatrooms called the “Doctor’s Room,” where users circulated sexual abuse content. By June authorities had arrested 37 others on charges of organizing, joining, or running a criminal organization. According to prosecutors, the “Doctor’s Room” channel operators blackmailed at least 74 victims, including minors, into sending explicit and humiliating photos and videos. Some victims were allegedly forced to drink out of a toilet or carve their blackmailer’s name into their flesh. Cho sold access to this content via Telegram, a social media application. Police alleged that some coconspirators blackmailed victims, including minors, into having sex with them. The Seoul Central District Court found Cho guilty and on November 26 sentenced him to 40 years’ imprisonment.

On July 6, the Seoul High Court made a final ruling against extraditing the operator of a dark-web child pornography website to the United States. Son Jong-woo had served 18 months in prison after his 2018 conviction for producing and circulating child pornography. Son’s website featured more than eight terabytes of child pornography, including more than 250,000 unique videos, which made it the largest sexual exploitation market in the world by volume of content before it was seized by authorities in 2018. Further investigations resulted in the rescue of dozens of child victims around the world who were actively being abused by users of the site. Women’s and children’s rights activists and NGOs criticized Son’s sentence as far too lenient for the crime, especially since his website had resulted in the abuse of children by encouraging the creation and upload of new content. NGOs assessed that judicial officials lacked a sufficient understanding of the seriousness of digital sexual violence and criticized them for denying the extradition request.

Children, especially runaway girls, were vulnerable to sex trafficking, including through online recruitment.

International Child Abductions: The country is a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data/reported-cases.html.

Anti-Semitism

The Jewish community numbered approximately 1,000 individuals, almost all expatriates. There were no reports of anti-Semitic acts.

Trafficking in Persons

See the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.

Persons with Disabilities

The law prohibits discrimination against persons with physical, sensory, intellectual, or mental disabilities and sets penalties for deliberate discrimination of up to three years in prison and a substantial fine. The law covering rights and support for persons with developmental disabilities created a special task force of prosecutors and police trained to work with persons with disabilities and their families in police investigations.

The government implemented programs to facilitate access to buildings, information, and communications for persons with disabilities. Many establishments, however, continued to disregard the laws, opting to pay fines rather than incurring expenses to make structural adjustments. The Research Institute for Differently Abled Person’s Rights Korea reported that individuals with intellectual disabilities did not receive proper education or sufficient support to achieve self-reliance. Employment rates of adults with disabilities remained low and public support for family care was inadequate.

Many local government ordinances and regulations directly discriminate against persons with disabilities, especially those with intellectual and mental disabilities, according to media reports and NGOs.

In 2019 the government amended the law to eliminate the six-degree scale of disability, and instead sort persons with disabilities into two classes: “severely disabled” and “not severely disabled.” NGOs reported that while they understood the purpose of the revision of the law to be the expansion of services for persons with disabilities, the revision was insufficient. They noted there was no corresponding increase in the government budget and that they had received reports of decreased access to services, rather than an increase.

The Ministry of Health and Welfare continued to implement a comprehensive set of policies that included increasing access for persons with disabilities to public and private buildings and facilities; part-time employment opportunities for persons with disabilities; and introduction of a long-term care system. In January the ministry established a hotline to receive reports of abuse of persons with disabilities, and a new system for tracking and documenting the resulting investigation and other interventions. In June a new law took effect to provide access for persons with visual impairments and deaf-blind persons to information through government provision of communication aids including braille books, audio books, and other tools.

The government operated rehabilitation hospitals in seven regions and a national rehabilitation research center to increase employment opportunities and access for persons with disabilities.

The government provided a pension system for registered adults and children with disabilities, an allowance for children younger than age 18 with disabilities in households with an income below or near the National Basic Livelihood Security Standard, and a disability allowance for low-income persons age 18 and older with mild disabilities.

Children age three to 17 with disabilities had access to a separate public special education school system. All public and private schools, child-care centers, educational facilities, and training institutions were required to provide equipment and other resources to accommodate students with disabilities.

Members of National/Racial/Ethnic Minority Groups

As of May more than 2.1 million foreigners (including an estimated 400,000 undocumented migrants) lived in the country, whose otherwise ethnically homogeneous population totaled approximately 51.8 million.

The country lacked a comprehensive antidiscrimination law. In March the National Human Rights Commission stated the country has “failed to take seriously the issue of racial discrimination in our society” and underlined calls by the UN Committee on the Elimination of Racial Discrimination for the government to take measures to stop racial discrimination. The 2019 committee report cited by the commission urged the government to enact comprehensive antidiscrimination legislation, noting that existing laws do not go far enough to protect minorities, including migrant workers, asylum seekers, and foreign spouses, from discrimination.

Societal discrimination against ethnic and racial minorities was common but underreported. According to a 2019 human rights commission survey, migrants reported discrimination by court workers, workplace supervisors, and immigration office personnel. A large majority of immigrants and naturalized citizens were female spouses, and they were reportedly often the victim of domestic violence. (See also section 6, “Women.”)

While conditions improved for Yemenis who in 2019 received refugee status or humanitarian stay permits that allowed them to stay in the country and work, they continued to experience discrimination, both at work and in the community.

Some children of immigrants suffered from discrimination and lack of access to social resources, such as child-care support available only to Korean children. Some children of non-Korean or multiple ethnicities were also bullied because of their physical appearance.

NGOs, international organizations, and the National Human Rights Commission stated that the government’s initial response to the COVID-19 pandemic discriminated against foreigners. At first, millions of international students, migrant workers, and other foreigners who had not purchased health insurance in country were not allowed to purchase facemasks produced by government-designated suppliers.

In the early months of the COVID-19 pandemic, Chinese nationals and Chinese persons of Korean heritage experienced a number of forms of discrimination, including demands that their children withdraw from school, loss of employment, denial of entry to restaurants, and stigmatization in their communities.

The Ministries of Gender Equality and Family and of Employment and Labor implemented programs to promote cultural diversity and assist foreign workers, spouses, and multicultural families to adjust to living in the country.

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

The law that established the National Human Rights Commission prohibits discrimination based on sexual orientation and authorizes the commission to review cases of such discrimination, although its recommended relief measures are nonbinding. The law does not specifically prohibit discrimination based on gender identity. The Military Criminal Act’s “disgraceful conduct” clause criminalizes consensual sodomy between men in the military with up to two years’ imprisonment.

Despite the National Human Rights Commission’s repeated calls for the National Assembly to adopt a comprehensive antidiscrimination law that would penalize with imprisonment or fines discriminatory practices on the basis of gender, age, race, religion, or sexual orientation, among others, the bill was stalled in the legislature. More than 88.5 percent of those surveyed in June supported passage of an antidiscrimination law, but politically powerful conservative Christian groups that reject LGBTI rights vehemently opposed such a law.

NGOs noted the Military Service Act’s prohibition on sexual activity between men led to abuse of LGBTI soldiers. In its 2019 report, Amnesty International stated the military code institutionalizes discrimination, reinforces systematic disadvantages for LGBTI persons, and risks inciting or justifying violence against them inside the military and in broader society.

In August the navy discharged a gay service member as a result of what the Center for Military Human Rights Korea called a “crackdown” on LGBTI service members. According to the center, in 2019 the navy sought out LGBTI service members under the pretext of counseling and in at least one case interrogated a person within earshot of other service members. Investigators asked for detailed accounts of sexual interactions between soldiers and searched soldiers’ cell phones for evidence of same-sex relationships. The navy stated it regretted the leaking of sensitive personal information but held that it has the authority to conduct investigations of disorderly conduct under the Military Criminal Act and Defense Ministry policy.

HIV and AIDS Social Stigma

The law protects the right to confidentiality of persons with HIV or AIDS and prohibits discrimination against them. According to local NGOs, however, persons with HIV or AIDS continued to suffer from societal discrimination and social stigma.

Correctional facilities staff revealed the HIV-positive status of prisoners by making announcements about the movement of “special patients” before transferring them, and by preventing prisoners with HIV/AIDS from exercising with the rest of the prisoners.

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The law provides for the right of most workers to form and join independent unions, conduct strikes within strict limits, and bargain collectively, but certain limitations apply to public officials and teachers.

The law recognizes workers’ right to strike; workers in essential services are required to provide “minimum service” during strikes to protect the public interest. Essential services are defined by law to include railroads, air transport, communications, water supply, and hospitals. The trade union law prohibits the use of replacement workers to conduct general business disrupted by strikes, but in essential services employers may hire replacements for up to 50 percent of striking workers.

By law parties involved in a “labor dispute” must first undergo third-party mediation through the National Labor Relations Commission (NLRC) or seek a labor-management settlement before registering to strike. Strikes initiated following this period are legal if they obtain majority support from union membership. The law narrowly defines “labor dispute,” which makes strikes on many issues falling under managerial control, such as downsizing and layoffs, illegal. Strikes not specifically pertaining to labor conditions, wages, benefits, or working hours are illegal. Stakeholders noted strike procedures were overly burdensome. Participating in strikes deemed to be illegal may result in imprisonment or a fine for the organizers and participants, depending on the offense.

Laws banning education workers from engaging in certain political activities, such as joining a political party or openly endorsing a political party or candidate, also constrained unions’ abilities to advocate for their positions. The law also prohibits dismissed workers from remaining in unions.

The law permits workers to file complaints of unfair labor practices against employers who interfere with union organizing or who discriminate against union members. The NLRC may require employers to reinstate workers fired for union activities. The law prohibits retribution against workers who strike legally. Labor organizations asserted that the inability of full-time labor-union officials to receive wages and the onerous registration requirements for individuals involved in collective bargaining effectively limited legal protections against unfair labor practices. In June a law took effect that allows employers to assist labor unions with operational expenses. Labor-union activists viewed the law as a step forward because previously employers were prohibited from providing such assistance.

The government generally enforced legislation related to freedom of association, collective bargaining, and collective action, including legal strikes, and the penalties were commensurate with those for other laws involving denials of civil rights. In addition an employer may be penalized for noncompliance with a labor relations commission order to reinstate a worker. The law sets penalties in the form of fines or imprisonment against employers who refuse unions’ legitimate requests for bargaining. In December 2019, 26 Samsung Electronics executives were found guilty of union busting by planning and executing a scheme to break up the Samsung Electronics Service Union. The Seoul Central District Court sentenced Samsung vice president Kang Kyung-hoon to 18 months in prison, and other senior executives also faced imprisonment. The court determined that the executives had masterminded a plan of intimidation intended to thwart unionization in the company and its subcontractors.

Labor organizations generally operated without government interference.

Undocumented foreign workers faced difficulties participating in union activities due to fear of exposing themselves to arrest and deportation. “Dispatched workers” (those on temporary contracts) faced increased risk of nonrenewal of their work contract if they joined unions or engaged in industrial disputes.

b. Prohibition of Forced or Compulsory Labor

The law prohibits and criminalizes all forms of forced or compulsory labor. The government generally enforced the law effectively but did not consistently identify cases of forced labor; penalties were not commensurate with those for analogous serious crimes, such as kidnapping.

NGOs continued to report that some migrant workers were subject to forced labor, particularly those who had incurred thousands of dollars in debt for payment of recruitment fees, making them vulnerable to debt bondage. Some migrant workers in the agriculture, livestock, and fishing industries faced conditions indicative of forced labor, including deceptive recruiting practices, confiscation of passports, and nonpayment of wages.

NGOs reported harsh conditions for migrant seafarers, many of whom worked more than 18 hours per day. Migrant seafarers, primarily from Southeast Asia, were physically or verbally abused by Korean captains and other crew and were forced to work even when sick. According to NGOs, deep-sea fishing vessels depended heavily on migrant seafarers; 73.3 percent of workers on Korean deep-sea vessels in 2018 were migrants.

The government continued investigations of working conditions for foreign sailors. From May to June, the coast guard conducted enforcement operations for human rights violations against migrant workers in the fisheries industry. Similar operations in 2019 resulted in the arrest by maritime police of 94 individuals for suspected human rights or worker rights abuses. Stakeholders reported that such enforcement activities were limited by jurisdictional disputes between the Ministry of Employment and Labor and the Ministry of Oceans and Fisheries.

The government also investigated instances of abuse, including forced labor, against workers with intellectual disabilities in the fisheries industry.

Also see the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.

c. Prohibition of Child Labor and Minimum Age for Employment

The law prohibits employing minors younger than age 15 without an authorization certificate from the Ministry of Employment and Labor, and the government generally enforced the law. Authorities issued few such certificates for full-time employment because education is compulsory through the end of middle school. Children ages 15 to 18 may work with the consent of at least one parent or guardian. Employers in industries considered harmful or hazardous to a minor’s morals or health may not hire them and face fines or imprisonment for violations. The maximum penalty for child labor, two years’ imprisonment, was not commensurate with that for analogous serious crimes, such as kidnapping, which is penalized by up to 10 years’ imprisonment. Through September the government reported no violations of child labor laws.

There were some reports of commercial sexual exploitation of children (see section 6, Children.).

d. Discrimination with Respect to Employment and Occupation

The law prohibits discrimination in employment or occupation on the basis of gender, nationality, social status, religion, or disability. No law explicitly prohibits discrimination on the basis of language or HIV or other communicable disease status. The penalties for employment discrimination were commensurate with laws related to similar violations. The law prohibits companies with more than 30 employees from asking job applicants about family members, place of origin, marital status, age, or property ownership.

The law provides for equal pay for equal work. The government inconsistently enforced the law, and discrimination occurred with respect to gender. The gender pay gap was 32.5 percent in 2019. Workers’ rights groups attributed the gap to women’s childcare and household responsibilities. A higher percentage of women filled lower-paying, low-skilled, contract jobs, and women often faced difficulties returning to the workforce after childbirth. Legal restrictions against women in employment included limits on working hours, occupations, and tasks. In particular the law restricted women’s participation in “hazardous” occupations such as mining.

The government’s Sixth Basic Plan on Equal Employment and Work-Life Balance for 2018 to 2022 provides a roadmap for a policy on women’s employment that consists of three pillars: creating nondiscriminatory working environments, preventing interruptions in women’s careers, and providing re-employment for “career-interrupted” women.

The workplace antibullying law requires employers to take action to fight bullying in the workplace. According to the National Human Rights Commission of Korea, 70 percent of persons surveyed in 2018 said they had been bullied at work. By law employers convicted of failing to take action to protect bullied employees face a fine and up to three years in prison.

The law prohibits discrimination against subcontracted (also known as “dispatched”) and temporary workers, who comprised approximately one-third of all wage workers and were found especially in the electronics, automotive, and service sectors. Nonetheless, NGOs and local media reported discrimination against informal or irregular workers (those who do not have full-time, permanent employment and who do not receive benefits at the same level as permanent workers). For example, while the law requires the conversion to permanent status of those employed longer than two years, employers often laid off irregular workers shortly before the two-year mark. To address this problem, the government provides subsidies and tax breaks to encourage businesses to hire temporary workers on a permanent basis, according to the labor ministry. The International Labor Organization noted that the disadvantaged status of irregular workers contributed to discrimination against women given that women were overrepresented among these workers.

Discrimination in the workplace occurred against persons with HIV/AIDS, women, persons with disabilities, and migrant workers.

Many migrant workers faced workplace discrimination. The maximum length of stay permitted under the Employee Permit System is four years and 10 months, just under the five years needed to apply for permanent residency. NGOs and civil society groups asserted this policy is designed to exclude foreign workers from permanent residence or citizenship eligibility. NGOs stated it remained difficult for migrant workers to change employers (see sections 7.b. and 7.e.).

The law allows employers to pay foreign workers on South Korean-flagged ships lower wages than South Korean workers. The minimum wage for Korean workers is set by the government while industry and trade union representatives, who do not represent foreign workers, set the minimum wage for foreign employees. According to NGOs, the rate for domestic crewmembers is five times higher than for foreign workers. Further, unlike citizens, foreign sailors are not entitled to profit sharing. Many foreign seafarers reported to NGOs that they received only 600,000 won ($517) in monthly wages.

The law prohibits recruiters, agents, employers, or managers from receiving money or other valuables or benefits from job seekers or employees in exchange for securing employment. Nevertheless, NGOs reported South Korean-flagged vessel owners routinely demanded security deposits from foreign crewmembers to discourage them from transferring jobs.

e. Acceptable Conditions of Work

During the year the minimum wage increased 2.9 percent and was above the official poverty line. NGOs reported that as the minimum wage increased, employers tried to curb expenses by reducing work hours, listing employees as “on-call” at home when they were in fact at work, employing undocumented foreign workers, and charging migrant workers for their accommodations and board.

The law allows a flexible system under which employees may work more than eight hours during certain days and more than 40 hours per week during certain weeks (up to a maximum of 52 hours in a single week), so long as average weekly work hours for any two-week period do not exceed 40 hours and workers have a mandatory day of rest each week. For employers who adopt a flexible system, hours exceeding 80 in a two-week period constitute overtime. Foreign companies operating in export-processing zones are exempt from labor regulations that mandate one day of rest a week. The law limits overtime of ordinary workers to 12 hours a week.

The government generally effectively enforced laws on wages and acceptable conditions of work in most sectors, but migrants faced discriminatory laws and practices. The Labor Ministry was responsible for enforcement of these laws and the number of labor inspectors was sufficient to deter violations in most sectors. Inspectors had the authority to identify unsafe conditions, conduct unannounced visits, and issue corrective orders. Penalties for violations included imprisonment and fines and were generally commensurate with those for similar crimes, such as fraud.

Regulations outline legal protections for migrant and foreign workers. Inspections covered businesses with foreign workers, particularly in the agriculture, livestock, fisheries, and construction sectors, which generally had poor working conditions. Migrants’ rights advocates noted the government inspected only a small percentage of workplaces that hire migrant workers and asserted that employers were not deterred from violating labor standards because most inspections were perfunctory and, even if violations were found, the typical result was a corrective order.

Migrant workers faced multiple restrictions on employment mobility, which left them vulnerable to exploitation. Migrant workers must obtain the consent of their current employers to switch jobs. The Ministry of Labor stated that migrant workers may apply to change workplaces without the employer’s consent when an employer violates the law, but NGOs argued that violations were hard to prove and vulnerable workers were unlikely to be aware of this right.

In one instance an employer told a migrant worker owed four months’ salary in back wages that he would provide the needed approval only in exchange for a payment that exceeded the back wages. In another case a Cambodian agricultural migrant who had not been paid in three years could not leave her job because she did not have the employer’s approval. The employer told media that paying fines for violating the labor standards law was less expensive than paying the back wages.

In March migrant workers seeking to overturn the restriction on changing workplaces filed a constitutional appeal. As of September the case was pending.

Migrant workers lose their legal status if they lose their job and do not find another employer within three months. Authorities may then cancel the work permit, forcing the worker either to return home or to remain in the country illegally. This caused difficulties for seasonal workers such as those involved in agriculture or construction. Migrant workers did not have access to lists of companies that were hiring when they wanted to change jobs, which made it more difficult for these workers to change jobs freely.

To prevent violations and improve working conditions for migrant and foreign workers, the government provided pre-employment training to newly arrived foreign workers, workplace adaptation training to those who changed workplaces, and training to employers who hired foreign workers. The government funded 44 Foreign Workers Support Centers nationwide to provide foreign workers with counseling services in 16 languages, Korean language and cultural programs, shelter, and free health-care services. It also ran a call center to help foreign workers resolve grievances. The government also funded multicultural family and migrant plus centers to provide foreign workers, international marriage immigrants, and other multicultural families with a one-stop service center providing immigration, welfare, and education services.

The law requires severance payments to migrant workers who have worked in the country for at least one year. Many workers, however, reported difficulty in receiving severance pay prior to their departure and stated they did not receive payments even after returning to their country of origin, due to banking regulations and delinquent employers. NGOs confirmed many departing migrants never received these payments and that the COVID-19 pandemic magnified these difficulties.

Some NGOs reported migrant workers were particularly vulnerable to exploitation because the law excludes regulations on working hours, holidays, and benefits for the agricultural, livestock, and fisheries industries that had large numbers of migrant workers. Foreign laborers sometimes faced physical abuse and exploitation by employers in the form of longer working hours, fewer days off, and lower wages than their local counterparts. According to NGOs, the government only occasionally investigated reports of poor or abusive working conditions for migrants, and court cases were often dismissed due to insufficient evidence.

NGOs reported that although employers were prohibited from providing makeshift accommodations, some violated this prohibition, providing migrant workers with substandard accommodations made of plastic panels. After heavy rain led to the flooding of the Sanyang Reservoir in Gyeonggi Province in August, an estimated 100 persons were displaced, of whom 80 percent were migrant workers living in “plastic houses” while working on farms near the reservoir. Employers justified the accommodations, noting they lived there together with the workers and that the lodgings were only temporary to respond to busy work schedules. Workers’ rights advocates argued the plastic houses were illegal.

The government sets occupational health and safety standards and is responsible for monitoring industry adherence. Under the law workers in every sector have the right to remove themselves from situations of danger without jeopardizing their employment. As of July the Korea Occupational Safety and Health Agency, responsible for enforcement of these laws, had directly or indirectly inspected 299,081 workplaces. The penalties were commensurate with those for analogous crimes such as gross negligence.

In January broad reforms to the Occupational Safety and Health Act took effect. Some of the revisions included higher fines for workplace fatalities and increased penalties for health and safety violations. The revised regulations also prohibited companies from subcontracting out specific types of dangerous work, such as metal plating, that involve harmful heavy metals such as mercury and lead.

According to the Occupational Safety and Health Agency, there were 109,242 work-related accidents in 2019, an increase of 6.8 percent from 2018, and 2,020 occupational deaths, down from 2,142 in 2018. The agency’s director acknowledged that challenges remained in further reducing the level of fatal accidents to that on par with other advanced countries; ensuring the safety of workers vulnerable to occupational accidents and health risks, including older workers, women, migrants, and those working in small workplaces; and reducing safety gaps between large enterprises and small- and medium-sized enterprises, as well as between parent companies and subcontractors. Workers’ rights advocates said that contract or temporary workers were also vulnerable to workplace injury.

From September 2019 until May, five fatal accidents occurred at Hyundai Heavy Industries Co., one of the world’s largest shipbuilders. The Ministry of Employment and Labor determined the company lacked executive support for safety management, failed to abide by basic safety regulations, and did not properly educate employees about risks. After inspections in July, the ministry imposed a nominal fine of 152 million won ($131,000) for 165 safety violations.

Thailand

Executive Summary

Thailand is a constitutional monarchy, with King Maha Vajiralongkorn Bodindradebayavarangkun (Rama X) as head of state. In March 2019 Thailand held the first national election after five years of rule by a junta-led National Council for Peace and Order. The National Council-backed Phalang Pracharath Party and 18 supporting parties won a majority in the lower house, and they retained as prime minister National Council leader Prayut Chan-o-Cha, the leader of the 2014 coup and a retired army general. The election was generally peaceful with few reported irregularities, although observers noted that a restrictive legal framework and selective enforcement of campaign regulations by the Election Commission favored Phalang Pracharath-aligned parties.

The Royal Thai Police and the Royal Thai Armed Forces share responsibility for law enforcement and the maintenance of order within the country. The police report to the Office of the Prime Minister; the armed forces report to the Ministry of Defense. The Border Patrol Police have special authority and responsibility in border areas to combat insurgent movements. While more authority has been returned to civilian authorities following the election, they still do not maintain full control over the security forces. Members of the security forces committed a variety of abuses.

Significant human rights issues included: reports of unlawful or arbitrary killings by the government or its agents; torture and cases of cruel, inhuman, or degrading treatment or punishment by government officials; arbitrary arrest and detention by government authorities; political prisoners; politically motivated reprisal, including allegations of forced disappearance, against individuals located outside the country; political interference in the judiciary; serious restrictions on free expression, the press, and the internet, including arrests and prosecutions of those criticizing the government, censorship, website blocking, and criminal libel laws; interference with the rights of peaceful assembly and freedom of association, including harassment against human rights activists and government critics; refoulement of refugees facing threats to their life or freedom; restrictions on political participation; serious acts of corruption; trafficking in persons; and significant restrictions on workers’ freedom of association.

Authorities took some steps to investigate and punish officials who committed human rights abuses. Official impunity, however, continued to be a problem, especially in the southernmost provinces, where martial law remained in effect in Yala, Pattani, and Narathiwat provinces while the deep south emergency decree was in effect in all but six districts in those provinces. In each of the six districts where the emergency decree has been lifted since 2011, the 2008 Internal Security Act has been subsequently invoked.

Insurgents in the southernmost provinces committed human rights abuses and made attacks on government security forces and civilian targets.

Section 2. Respect for Civil Liberties, Including:

Freedom of Association

The constitution grants individuals the right to free association subject to restrictions by law enacted to “protect public interest, peace and order, or good morals.”

The law prohibits the registration of a political party with the same name or logo as a legally dissolved party.

On February 21, the Constitutional Court dissolved the opposition Future Forward Party, ruling that the party took an illegal loan from its leader, Thanathorn Juangroongruangkit, and banned the party’s executives, including Thanathorn, from participating in politics until 2030 (see section 3).

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Women

Rape and Domestic Violence: Rape of men and women is illegal, although the government did not always enforce the law effectively. The law narrowly defined rape as acts in which male sex organs were used to physically violate victims, thereby leaving victims assaulted by perpetrators in other ways without legal remedies. The law permits authorities to prosecute spousal rape, and prosecutions occurred. The law specifies penalties for conviction of rape or forcible sexual assault ranging from four years’ imprisonment to the death penalty as well as fines.

NGOs said rape was a serious problem and that victims underreported rapes and domestic assaults, in part due to a lack of understanding by authorities that impeded effective implementation of the law regarding violence against women.

According to NGOs, agencies tasked with addressing the problem were underfunded, and victims often perceived police as incapable of bringing perpetrators to justice.

Domestic violence against women was a significant problem. The Ministry of Public Health operated one-stop crisis centers to provide information and services to victims of physical and sexual abuse throughout the country. The law establishes measures designed to facilitate both the reporting of domestic violence complaints and reconciliation between the victim and the perpetrator. Moreover, the law restricts media reporting on domestic-violence cases in the judicial system. NGOs expressed concern the law’s family unity approach put undue pressure on a victim to compromise without addressing safety problems and led to a low conviction rate.

In May the Ministry of Social Development and Human Security reported a doubling of reports of domestic violence after the COVID-19 emergency decree in April. In response the ministry added more staff to its hotline section to manage the increasing number of calls.

Authorities prosecuted some domestic-violence crimes under provisions for assault or violence against a person, where they could seek harsher penalties. The government operated shelters for domestic-violence victims, one in each province. The government’s crisis centers, located in all state-run hospitals, cared for abused women and children.

Female Genital Mutilation/Cutting (FGM/C): No specific law prohibits this practice. NGOs and international media reported Type IV FGM/C occurred in the Muslim-majority south, although statistics were unavailable. There were no reports of governmental efforts to prevent or address the practice.

Sexual Harassment: Sexual harassment is illegal in both the public and private sectors. The penal code specifies a fine and a jail term of one month for sexual harassment, while abuse categorized as an indecent act may result in a fine and a maximum 15 years’ imprisonment. Sexual harassment in the workplace may be punished by modest fines. The law governing the civil service also prohibits sexual harassment and stipulates five levels of punishment: probation, docked wages, salary reduction, suspension, and termination. NGOs claimed the legal definition of harassment was vague and prosecution of harassment claims difficult, leading to ineffective enforcement of the law.

Reproductive Rights: Couples and individuals have the right to decide the number, spacing, and timing of their children. Individuals have the right to manage their reproductive health and had access to the information and means to do so, free from discrimination, coercion, or violence. The publicly funded medical system provided access to contraceptive services and information, prenatal care, skilled attendance during childbirth, and essential obstetric and postpartum care. The UN Population Fund (UNFPA) estimated more than 98 percent of women could access prenatal and postnatal care and reported that skilled health-care personnel attended approximately 99 percent of births in 2019. The UNFPA estimated the birth rate during the year for those ages 15 to 19 was 18 births per 1,000, down from 29 per 1,000 the previous year. The Ministry of Education provided sex education in schools, and in 2019 the Ministry of Public Health announced that women and adolescent girls from age 10 could receive modern contraceptives free of charge and without parental consent. The Ministry of Social Development and Human Security and the Ministry of Public Health established one-stop service centers in all public hospitals to assist victims of domestic violence and sexual abuse.

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities.

Discrimination: The constitution provides that “men and women shall enjoy equal rights and liberties. Unjust discrimination against a person on the grounds of differences in origin, race, language, sex, age, disability, physical or health condition, personal status, economic or social standing, religious belief, education or political view, shall not be permitted.”

The Ministry of Social Development and Human Security took steps to implement legislation mandating gender equality by allocating funding to increase awareness about the law and promote gender education and equality, and by hearing from complainants who experienced gender discrimination. Since 2016 the Ministry of Social Development and Human Security has received 58 complaints and issued judgment in 44 cases; gender discrimination was ruled in 23 cases. The majority of cases related to transgender persons facing discrimination (see section 6, Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity). Human rights advocates expressed concern about lengthy delays in reviewing individual discrimination complaints and a lack of awareness among the public and within the ministry’s provincial offices.

Women generally enjoyed the same legal status and rights as men but sometimes experienced discrimination, particularly in employment. The law imposes a maximum jail term of six months, a fine, or both, for anyone convicted of gender discrimination. The law mandates nondiscrimination based on gender and sexual identity in policy, rule, regulation, notification, project, or procedure by government, private organizations, and any individual, but it also stipulates two exceptions criticized by civil society groups: religious principles and national security.

Women were unable to confer citizenship to their noncitizen spouses in the same way as male citizens.

Women comprised approximately 12 percent of the country’s military personnel. Ministry of Defense policy limits the percentage of female officers to not more than 25 percent in most units, with specialized hospital or medical, budgetary, and finance units permitted 35 percent. Military academies (except for the nursing academy) refused admission to female students, although a significant number of instructors were women.

Since 2018 women have been barred from applying to the police academy. Activists criticized this as contrary to the aims of legislation promoting gender equality and formally petitioned the Office of the Ombudsman to urge the decision be revisited. The police academy continues to accept only male applicants. The Royal Thai Police listed “being a male” as a requirement in an employment announcement for police investigators and other positions; the NHRCT and the Association of Female Police Investigators objected publicly to this requirement. The Committee Examining Gender Discrimination, an agency under the Ministry of Social Development and Human Security, filed a petition to the Office of the Ombudsman, which responded that the committee did not have standing to file the petition. Despite this, the Royal Thai Police did accept some female police investigators in 2019.

Children

Birth Registration:  Citizenship is conferred at birth if at least one parent is a citizen.  Birth within the country does not automatically confer citizenship, but regulations entitle all children born in the country to birth registration, which qualifies them for certain government benefits regardless of citizenship (see section 2.g.).  The law stipulates every child born in the country receive an official birth certificate regardless of the parents’ legal status.  In remote areas some parents did not obtain birth certificates for their children due to administrative complexities and a lack of recognition of the importance of the document.  In the case of hill-tribe members and other stateless persons, NGOs reported misinformed or unscrupulous local officials, language barriers, and restricted mobility made it difficult to register births.

Education:  An NCPO order provides that all children receive free “quality education for 15 years, from preschool to the completion of compulsory education,” which is defined as through grade 12.  NGOs reported children of registered migrants, unregistered migrants, refugees, or asylum seekers had limited access to government schools.

Child Abuse:  The law provides for the protection of children from abuse, and laws on rape and abandonment carry harsher penalties if the victim is a child.  The penalties for raping a child younger than age 15 range from four to 20 years’ imprisonment and fines.  Those convicted of abandoning a child younger than age nine are subject to a jail term of three years, a fine, or both.  The law provides for protection of witnesses, victims, and offenders younger than age 18 in abuse and pedophilia cases.  Advocacy groups stated police often ignored or avoided child-abuse cases.

Child, Early, and Forced Marriage:  The minimum legal age for marriage for both sexes is 17, while anyone younger than 21 requires parental consent.  A court may grant permission for children younger than 17 to marry.

In the Muslim-majority southernmost provinces, Islamic law used for family matters and inheritance allows the marriage of young girls after their first menstrual cycle with parental approval.  In 2018 the Islamic Committee of Thailand raised the minimum age for Muslims to marry from ages 15 to 17.  A Muslim younger than 17 may marry with a written court order or written parental consent, which is considered by a special subcommittee of three members, of which at least one member must be a woman with knowledge of Islamic law.

Sexual Exploitation of Children:  The minimum age for consensual sex is 15.  The law provides heavy penalties for persons who procure, lure, compel, or threaten children younger than 18 for the purpose of prostitution, with higher penalties for persons who purchase sexual intercourse with a child younger than 15.  Authorities may punish parents who allow a child to enter into prostitution and revoke their parental rights.  The law prohibits the production, distribution, import, or export of child pornography.  The law also imposes heavy penalties for sexually exploiting persons younger than 18, including for pimping, trafficking, and other sexual crimes against children.

Child sex trafficking remained a problem, and the country continued to be a destination for child sex tourism, although the government continued to make efforts to combat the problem.  Children from migrant populations, ethnic minority groups, and poor families remained particularly vulnerable, and police arrested parents who forced their children into prostitution.  Citizens and foreign sex tourists committed pedophilia crimes, including the commercial sexual exploitation of children, and production and distribution of child pornography.

There were numerous reported cases of rape and sexual harassment of girls, often in school environments.  In May police arrested five teachers and two alumni of a school in Mukdahan Province for repeatedly raping a student, age 14, over the course of one year.  Another student, age 16, subsequently alleged being raped by the same group of teachers and alumni.  The teachers were fired from their jobs and had their teaching licenses revoked.  They were charged with sexual assault and released on bail as the investigation continued.  In August the parents of a fifth-grade student at a school in Kalasin Province filed a complaint against a teacher, age 57, for molesting their child.  In October, five eighth-grade students filed complaints against the director of a school in Khon Kaen Province for sexual assault.  Investigations into both cases continued.

The government made efforts throughout the year to combat the sexual exploitation of children.  In July the Ministry of Education opened a center to protect students from sexual exploitation by teachers and other educational personnel.  The center developed a set of measures to prevent and suppress sexual assaults against students, and provided protection and compensation to the victims.  In its first month the center handled at least 16 cases, leading to the revocation of teaching credentials, suspension from duty of perpetrators, or both.

Displaced Children:  Authorities generally referred street children to government shelters located in each province, but foreign undocumented migrants avoided the shelters due to fear of deportation.  As of November the government estimated 30,000 street children sought shelter nationwide.  In November the NGO Foundation for the Better Life of Children reported approximately 50,000 children were living on the streets, 20,000 of them foreign born.  The government generally sent citizen street children to school, occupational training centers, or back to their families with social-worker supervision.  The government repatriated some street children who came from other countries.

Institutionalized Children:  There were limited reports of abuse in orphanages or other institutions.

International Child Abductions:  The country is a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction.  See the Department of State’s Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data/reported-cases.html.

Anti-Semitism

The resident Jewish community is very small, and there were no reports of anti-Semitic acts.

Trafficking in Persons

See the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.

Persons with Disabilities

The constitution prohibits discrimination based on disability and physical or health conditions. The law provides tax benefits to employers employing a certain number of persons with disabilities, such as special income-tax deductions to promote employment of such persons.

The government modified many public accommodations and buildings to accommodate persons with disabilities, but government enforcement was not consistent. The law mandates persons with disabilities have access to information, communications, and newly constructed buildings, but authorities did not uniformly enforce these provisions. The law entitles persons with disabilities who register with the government to free medical examinations, wheelchairs, and crutches.

The government’s Community-based Rehabilitation Program and the Community Learning Center for Persons with Disabilities project operated in all provinces. The government provided five-year, interest-free, small-business loans for persons with disabilities.

The government maintained dozens of separate schools and education centers for children with disabilities and operated occupational and career development centers for adults with disabilities. The law requires all government schools nationwide to accept students with disabilities, and a majority of schools taught students with disabilities during the year. The government also operated shelters and rehabilitation centers specifically for persons with disabilities, including day care centers for autistic children.

Organizations for persons with disabilities reported difficulty in accessing information about a range of public services.

Some disability rights activists alleged that government officials, including from the National Office for Empowerment of Persons with Disabilities at the Ministry of Social Development and Human Security, and private companies often contracted with organizations for persons with disabilities to recruit employees with disabilities, an arrangement that could allow dishonest officials and the staff of such organizations to keep a portion of the wages intended for those workers.

Indigenous People

Stateless members of hill tribes faced restrictions on their movement, were not permitted to own land, had difficulty accessing bank credit, and faced discrimination in employment. Although labor law gives them the right to equal treatment as employees, employers often violated those rights by paying them less than their citizen coworkers and less than minimum wage. The law further bars them from government welfare services but affords them limited access to government-subsidized medical treatment.

The law provides citizenship eligibility to certain categories of hill tribes who were not previously eligible (see section 2.g.). The government supported efforts to register citizens and educate eligible hill-tribe members about their rights.

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

No law criminalizes expression of sexual orientation or consensual same-sex sexual conduct between adults.

The LGBTI community reported that police treated LGBTI victims of crime the same as other persons except in the case of sexual crimes, where there was a tendency to downplay sexual abuse or not to take harassment seriously.

The law does not permit transgender persons to change their gender on identification documents, which, coupled with societal discrimination, limited their employment opportunities.

The UN Development Program (UNDP) and NGOs reported that LGBTI persons experienced discrimination, particularly in rural areas. The UNDP also reported media represented LGBTI persons in stereotypical and harmful ways resulting in discrimination.

Legislation mandating gender equality prohibits discrimination “due to the fact that the person is male or female or of a different appearance from his or her own sex by birth” and protects transgender students from discrimination. The country’s Fourth National Human Rights Plan, covering the period 2019-22, was approved by the Office of the National Economic and Social Development Board in March and by the cabinet in June. The plan includes LGBTI persons as one of 12 groups in its action plan.

NGOs and the United Nations reported transgender persons faced discrimination in various sectors, including in the military conscription process, while in detention, and because of strict policies in place at most schools and universities that require students to wear uniforms that align with their biological gender. Some universities relaxed dress codes during the year, partly in response to student-led protests that called for reforms in the educational system. In June, Thammasat University announced it would allow students to wear uniforms that match their chosen sexual identity while also outlining a code of conduct that prohibits bullying, insulting, discriminating, or intimidating behavior by faculty or students towards LGBTI students.

In May 2019 the Ministry of Education introduced a new curriculum incorporating discussion of sexual orientation and gender diversity for grades one to 12; this followed two years of advocacy by the LGBTI community. NGOs continued to encourage the Ministry of Education to make the curriculum compulsory, and continued to work with the ministry on curriculum development and to organize training courses to prepare teachers to teach it effectively.

HIV and AIDS Social Stigma

Some social stigma remained for persons with HIV/AIDS, despite intensive educational efforts by the government and NGOs.  There were reports some employers fired or refused to hire persons who tested positive for HIV.

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The constitution provides that a person shall enjoy the liberty to unite and form an association, cooperative, union, organization, community, or any other group. The law provides for the right of workers in certain private-sector and state-owned enterprises (SOEs) to form and join independent trade unions. The law does not allow public-sector and migrant workers to organize trade unions. Civil servants may assemble as a group, provided that such assembly does not affect the efficiency of national administration and continuity of public services and does not have a political objective. The law provides for the right of certain workers to bargain collectively and to conduct legal strikes, although these rights come with some restrictions.

By law only workers with the same employer or in the same industry may form a union. Subcontract workers, even if working in the same factory and doing the same job as full-time workers, may not join the same union because they are classified as belonging to the service industry while full-time workers come under the “manufacturing industry.” Nevertheless, the law makes subcontract workers eligible for the same benefits as those enjoyed by union members. The inability of subcontract workers and full-time workers to join the same union limits the unions’ ability to bargain collectively as a larger group. In addition short-term contract workers are less likely to join unions, fearing antiunion retaliation in the form of nonrenewal of their contracts. Labor advocates claimed that many companies hire subcontract workers to undermine unionization efforts. A survey of the auto parts and electronics industries found that more than 45 percent of the workforce consisted of subcontract workers, approximately half on short-term contracts.

The law does not protect union members against antiunion discrimination by employers until their union is registered. To register a union, at least 10 workers must submit their names to the Department of Labor Protection and Welfare (DLPW). The verification process of vetting the names and employment status with the employer exposes the workers to potential retaliation before registration is complete. Moreover, the law requires that union officials be full-time employees of the company or SOE and prohibits permanent union staff. The law allows one union per SOE. Banks, trains, airlines, airports, marine ports, and postal services are among those industries owned by SOEs. If an SOE union’s membership falls below 25 percent of the eligible workforce, regulations require dissolution of the union. The law restricts formal links between unions of SOEs and their private-sector counterparts because they are governed by two separate laws.

The law requires unions to have 20 percent membership to bargain collectively. The law allows employees at workplaces without a union to submit collective demands if at least 15 percent of employees are listed as supporting that demand.

Employees in private enterprises with more than 50 workers may establish “employee committees” to represent workers’ interests in employment benefits; employees may also form “welfare committees” to represent workers’ interests in welfare benefits and nonfinancial interests. Employee and welfare committees may offer employers suggestions but are barred from submitting labor demands or going on strike.

The law prohibits employers from taking adverse employment actions against workers for their participation in these committees and from obstructing the work of the committees. Union leaders often join employee committees to avail themselves of this legal protection. Within 29,305 enterprises which have more than 50 workers in the country, there are 1,486 labor unions and 687 employee committees. NGOs reported that welfare committees were uncommon in the border regions where the majority of workers are migrants.

The law provides workers with the right to strike if they notify authorities and employers 24 hours in advance and if the strike does not include a demonstration on public roads. The government may block private-sector strikes with national security implications or with negative repercussions on the population at large. Strikes and lockouts are prohibited at SOEs, and penalties for violations include imprisonment, fines, or both.

The law prohibits termination of employment of legal strikers but permits employers to hire temporary workers or use subcontract workers to replace strikers. The legal requirement to call a general meeting of trade-union members and obtain strike approval by at least 50 percent of union members constrained strike action since many factories use shift workers, making it difficult to attain a quorum.

In May the minister of labor issued an order prohibiting employer lockouts and employee strikes while the emergency decree to contain the COVID-19 outbreak was in effect. The decree required any labor dispute to be arbitrated by a Labor Relations Committee in order to maintain public safety and ease industrial relations conflicts during the COVID-19-induced recession. NGOs criticized the order for violating the rights of workers to bargain collectively, while the government and certain union leaders viewed the decree as a means to promote negotiations to find ways to prevent business closures and mass layoffs.

Labor courts or the Labor Relations Committee may make determinations on complaints of unfair dismissals or labor practices and may require compensation or reinstatement of workers or union leaders with wages and benefits equal to those received prior to dismissal. The Labor Relations Committee consists of representatives of employers, government, and workers groups, and there are associate labor court judges who represent workers and employers.

Noncitizen migrant workers, whether registered or undocumented, do not have the right to form unions or serve as union officials. Migrants may join unions organized and led by Thai citizens. Migrant-worker participation in unions is low due to language barriers, weak understanding of legal rights, frequent changes in employment status, membership fees, restrictive union regulations, and segregation of citizen workers from migrant workers by industry and by zones (particularly in border and coastal areas) as well as due to migrants’ fears of losing their jobs due to their support for a union.

Unregistered associations, community-based organizations, and religious groups often represent the interests of migrant workers. In workplaces where the majority of workers are migrants, migrant workers are sometimes elected to the welfare committees and employee committees. Migrant workers are allowed to make collective demands if they obtain the names and signatures of at least 15 percent of employees. NGOs reported few cases, however, where migrant workers’ collective demands were successful in effecting change, particularly along the border areas.

The law protects employees and union members from criminal or civil liability for participating in negotiations with employers, initiating a strike, organizing a rally, or explaining labor disputes to the public, except where such activities cause reputational harm. The law does not protect employees and union members from criminal charges for reputational damage, and reputational damage charges have been used to intimidate union members and employees. The law does not prohibit lawsuits intended to censor, intimidate, or silence critics through costly legal defense. The law provides some protection to defendants in frivolous libel cases from prosecution. By law a court may dismiss a defamation lawsuit if it is considered dishonest. In June the Supreme Court upheld the appeals court not-guilty verdict in the case of a British worker rights activist who had been charged in 2013 for reporting on migrant workers’ rights.

Labor law enforcement was inconsistent and in some instances ineffective in protecting workers who participated in union activities. There were reports of workers dismissed for engaging in union activities, both before and after registration. Rights advocates reported that judges and provincial-level labor inspectors often attempted to mediate cases, even when labor rights violations requiring penalties had been found. In some cases labor courts ordered workers reinstated, although the court orders were not always complied with by employers. There were reports from unions and NGOs that employers attempted to negotiate terms of reinstatement after court orders were issued, offering severance packages for voluntary resignation, denying reinstated union leaders access to work, or demoting workers to jobs with lower wages and benefits.

In some cases judges awarded compensation in place of reinstatement when employers or employees claimed they could not work together peacefully; however, authorities rarely applied penalties against employers found guilty of labor violations. Penalties include imprisonment, a fine, or both and were commensurate with those for other laws involving denials of civil rights.

Unions and NGOs reported that employers used various techniques to weaken labor-union association and collective-bargaining efforts. These included replacing striking workers with subcontractors, which the law permits as long as strikers continue to receive wages; delaying negotiations by failing to show up at Labor Relations Committee meetings or sending non-decision-makers to negotiate; threatening union leaders and striking workers; pressuring union leaders and striking workers to resign; dismissing union leaders, ostensibly for business reasons, violation of company rules, or negative attitudes toward the company; prohibiting workers from demonstrating in work zones; inciting violence, then using a court order to clamp down on protests; transferring union leaders to other branches, thus making them ineligible to participate in employee or welfare committees; transferring union leaders and striking workers to different, less desirable positions or stripping them of management authority; and supporting the registration of competing unions to circumvent established, uncooperative unions.

The unionization rate among wage and salary workers was estimated at 3.4 percent, and only 34 of 77 provinces had any labor unions.

Labor groups reported that employers exploited the COVID-19 pandemic to discriminate against union members during the year. In May, 93 of the 94 workers dismissed from Sunstar Engineering, an auto supplier, were members of the sectoral Thailand Auto Parts and Metal Workers Union. Another 800 workers from Body Fashion Factory in Nakhon Sawan Province, an undergarment and lingerie manufacturer, were dismissed without compensation after the workers gathered to demand that the company pay the previously agreed wages and bonuses.

Employers sometimes filed lawsuits against union leaders and strikers for trespass, defamation, and vandalism.

Private companies also continued to pursue civil and criminal lawsuits against NGOs and journalists as well as workers (see section 2.a., Libel/Slander Laws). Since 2016 and continuing into May, Thammakaset, a poultry farm owner in Lopburi Province, filed 13 criminal and civil cases against 14 former employees, labor rights activists, and journalists on various charges such as criminal defamation, theft of timecards, and computer crime. Authorities and courts dismissed most of these complaints and ordered Thammakaset to pay THB 1.7 million ($56,900) in compensation for back wages, overtime, and holiday pay to 14 former employees for labor-law violations. As of September some of these cases remained pending.

NGOs and labor advocates reported incidents where their staff members were followed or threatened by employers after they had been seen advocating for labor rights.

In October the Central Criminal Court for Corruption and Misconduct Cases found 13 State Railway Workers’ Union leaders guilty of “committing an official act of omission of the official duty or…to disrupt work or to cause damage by doing so together with five or more persons” and sentenced them to three years in prison. This case concerned the union’s role in organizing a strike in 2009 to protest against unsafe conditions following a train derailment that killed seven persons. The International Labor Organization (ILO) found that the union leaders’ actions were in line with international standards. In 2018 the Supreme Court ordered seven railway union leaders to pay a fine of THB 15 million ($500,000) plus accrued interest in connection with the same incident; the government then started to garnish the wages and seize the assets of union leaders. Various labor organizations and unions viewed these penalties as an effort to send a signal chilling freedoms of expression and association.

b. Prohibition of Forced or Compulsory Labor

The law prohibits forced or compulsory labor, except in the case of national emergency, war, martial law, or imminent public calamity.  Penalties were commensurate with those for other analogous serious crimes, such as kidnapping.  The government enforced the law with mixed results.

In 2019 the government amended the Anti-Trafficking in Persons Act for the third time in five years.  The new amendment added a separate provision specifically addressing “forced labor or services” and prescribed penalties of up to four years’ imprisonment.  More severe penalties can be pursued under the previously existing human trafficking statute or if victims were seriously injured.  Government agencies and nongovernmental groups worked on revisions of subordinate regulations, victim-identification guidelines, and standard operating procedures.

The Ministry of Social Development and Human Security, the Ministry of Labor, and the Office of Attorney General organized training workshops for law enforcement and multidisciplinary teams to understand changes to the law.

There were reports that forced labor continued in fishing, shrimp, garment production, agriculture, domestic work, and begging.  The government did not effectively enforce the law.  Penalties were commensurate with those for other analogous serious crimes, such as kidnapping.  NGOs acknowledged a decline in the most severe forms of labor exploitation in the fishing sector.  Some NGOs, however, pointed to inconsistencies in enforcing labor law, particularly around irregular or delayed payment of wages, illegal wage deductions, illegal recruitment fees, withholding of documents, and not providing written contracts in a language that workers understand.

Labor rights groups reported that some employers utilized practices indicative of forced labor, such as seeking to prevent migrant workers from changing jobs or forcing them to work by delaying wages, burying them in debt, or accusing them of theft.  NGOs reported cases where employers colluded to blacklist workers who reported labor violations, joined unions, or changed jobs.

The government and NGOs reported trafficking victims among smuggled migrants, particularly from Burma.  Most of those cases involved transnational trafficking syndicates both in Thailand and in the country of origin.  Many victims were subjected to deception, detention, starvation, human branding, and abuse during their journey.  Traffickers sometimes destroyed the passports and identity documents of victims.  Some victims were sold to different smugglers and subjected to debt bondage.

Also see the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.

c. Prohibition of Child Labor and Minimum Age for Employment

The law does not prohibit all of the worst forms of child labor.  The law protects children from child trafficking, commercial sexual exploitation, use in illicit activities, and forced labor, but it does not meet the international standard for prohibiting military recruitment of children by nonstate armed groups.  The law regulates the employment of children younger than age 18 and prohibits employment of children younger than 15.  Children younger than 18 are prohibited from work in any activity involving metalwork, hazardous chemicals, poisonous materials, radiation, extreme temperatures, high noise levels, toxic microorganisms, operation of heavy equipment, and work underground or underwater.  The law also prohibits children younger than 18 from workplaces deemed hazardous, such as slaughterhouses, gambling establishments, places where alcohol is sold, massage parlors, entertainment venues, sea-fishing vessels, and seafood processing establishments.  As such, children ages 15 to 17 may legally engage in hazardous “homework” (work assigned by the hirer representing an industrial enterprise to a homeworker to be produced or assembled outside of the workplace).  The law provides limited coverage to child workers in some informal sectors, such as agriculture, domestic work, and home-based businesses.  Self-employed children and children working outside of employment relationships, defined by the existence of an agreement or contract and the exchange of work against pay, are not protected under labor law, but they are protected under laws on child protection and trafficking in persons.  Children participating in paid and nonpaid Muay Thai (Thai boxing) competitions, however, are not protected under labor law, and it was unclear whether child-protection legislation sufficiently protects child Muay Thai participants.

Penalties for violations of the law may include imprisonment or fines.  These penalties were commensurate with those for other analogous serious crimes, such as kidnapping.  Parents of victims whom the court finds were “driven by unbearable poverty” may be exempt from penalties.  The government effectively enforced law related to the worst forms of child labor but was less effective enforcing laws on the minimum age of work and hazardous work.

Government and private-sector entities used bone-density checks and dental examinations to identify potentially underage job applicants.  Such tests, however, were not always conclusive.  Labor inspectors used information from civil society to target inspections for child labor and forced labor.

Civil society and international organizations reported they rarely saw cases of child labor in manufacturing, fishing, shrimping, and seafood processing.  They attributed the decline to legal and regulatory changes both in 2014 that expanded the number of hazardous-job categories in which children younger than 18 were prohibited from working and in 2017 that increased penalties for the use of child laborers.

NGOs, however, reported that some children from within the country, Burma, Cambodia, Laos, and ethnic minority communities were working in informal sectors and small businesses, including farming, home-based businesses, restaurants, street vending, auto services, food processing, construction, domestic work, and begging.  Some children were forced to work in prostitution, pornography, begging, and the production and trafficking of drugs (see section 6, Children).  In 2019 the Thailand Internet Crimes against Children Task Force investigated 26 cases of child sex trafficking, three cases of forced child begging, and 31 cases of possession of child-pornographic materials.

The DLPW is the primary agency charged with enforcing child labor law and policies.  NGOs reported child labor violations found by the DLPW’s labor inspectors were usually referred to law enforcement officers for further investigation and prosecution.  NGOs reported families whose children suffered from trafficking or forced labor received some support, but little support was provided to children found working in violation of other child labor laws (minimum working age, hazardous work limits).

In 2019 the government reported a slight increase in the number of labor inspectors and interpreters directly employed by the Ministry of Labor.  During the year labor inspections were targeted at fishing ports and high-risk workplaces, including garment factories, shrimp and seafood processing, poultry and pig farms, auto repair shops, construction sites, and in service-sector businesses like restaurants, karaoke bars, hotels, and gas stations.  The DLPW reported 43 violations related to child labor, including the employment of underage children, failure to notify the government about the employment of child workers, and employing children younger than 18 to work in hazardous conditions or during the night.

Observers noted several limiting factors in effective enforcement of child-labor law, including insufficient labor inspectors, insufficient interpreters during labor inspections, ineffective inspection procedures (especially in hard-to-reach workplaces like private residences, small family-based business units, farms, and fishing boats), and a lack of official identity documents among young migrant workers from neighboring countries.  NGOs also reported insufficient protection for child-labor victims, including lack of legal assistance for claiming compensation and restitution, inadequate protection and counseling mechanisms, and a lack of safe repatriation (especially for migrant children).  They alleged that while there were clear mechanisms for the protection and repatriation of child trafficking victims, there was no such mechanism for child-labor victims.  A lack of public understanding of child-labor law and standards was also an important factor.

In June 2019 the government published its first national working-children survey, using research methodology in line with international guidelines.  This survey was the product of cooperation among the Ministry of Labor, the National Statistical Office, and the ILO.  The survey revealed that 3.9 percent of 10.47 million children ages five to 17 were working children, including 1.7 percent who were child laborers (exploited working children)–1.3 percent in hazardous work and an additional 0.4 percent in nonhazardous work.  The majority of child laborers were doing hazardous work in household or family businesses (55 percent), in the areas of agriculture (56 percent), service trades (23 percent), and manufacturing (20 percent).  Boys were in child labor more than girls, and more than half of child laborers were not in school.  Of the top three types of hazardous work which children performed, 22 percent involved lifting heavy loads, 8 percent working in extreme conditions or at night, and 7 percent being exposed to dangerous chemicals and toxins.

Also see the Department of Labor’s Findings on the Worst Forms of Child Labor at https://www.dol.gov/agencies/ilab/resources/reports/child-labor/findings and the Department of Labor’s List of Goods Produced by Child Labor or Forced Labor at https://www.dol.gov/agencies/ilab/reports/child-labor/list-of-goods.

d. Discrimination with Respect to Employment and Occupation

Labor law does not specifically prohibit discrimination in the workplace on the basis of race, religion, national origin, color, ethnicity, disability, age, sexual orientation, or HIV status. The law imposes penalties of imprisonment or fines for anyone committing gender or gender-identity discrimination, including in employment decisions. Penalties for gender discrimination were commensurate with those for laws related to civil rights, but the government did not effectively enforce its limited discrimination law. The law requires workplaces with more than 100 employees to hire at least one worker with disabilities for every 100 workers.

Women are prohibited from work underground, in mining, or in underwater construction; on scaffolding higher than 33 feet; and in production or transportation of explosive or inflammatory material.

Discrimination with respect to employment occurred against LGBTI persons, women, and migrant workers (see section 7.e.). Government regulations require employers to pay equal wages and benefits for equal work, regardless of gender. Union leaders stated the wage differences for men and women were generally minimal and were mostly due to different skills, duration of employment, and types of jobs, as well as legal requirements which prohibit the employment of women in hazardous work. Nonetheless, a 2016 ILO report on migrant women in the country’s construction sector found female migrant workers consistently received less than their male counterparts, and more than half were paid less than the official minimum wage, especially for overtime work (see section 6, Women). There were reports many companies intentionally laid off pregnant women during the year.

In 2018 the police cadet academy announced it would no longer admit female cadets. This decision was widely criticized as discriminatory and detrimental to the ability of the police force to identify some labor violations against women. Discrimination against persons with disabilities occurred in employment, access, and training. In April advocacy groups for the rights of persons with disabilities filed a complaint on embezzlement and illegal deduction of wages from workers with disabilities. The case was transferred from the Public Sector Anti-Corruption Commission to the National Anti-Corruption Commission because it involves senior government officials, and remains under investigation.

Members of the LGBTI community faced frequent discrimination in the workplace, partly due to common prejudices and a lack of protective law and policies on discrimination. Transgender workers reportedly faced even greater constraints, and their participation in the workforce was often limited to a few professions, such as cosmetology and entertainment.

e. Acceptable Conditions of Work

The minimum wage was three times higher than the government-calculated poverty line. It does not apply to employees in the public sector, SOEs, domestic work, and seasonal agricultural sectors.

The maximum workweek by law is 48 hours, or eight hours per day over six days, with an overtime limit of 36 hours per week. Employees engaged in “dangerous” work, such as the chemical, mining, or other industries involving heavy machinery, may work a maximum of 42 hours per week and may not work overtime. Petrochemical industry employees may not work more than 12 hours per day but may work continuously for a maximum period of 28 days.

The law requires safe and healthy workplaces, including for home-based businesses, and prohibits pregnant women and children younger than 18 from working in hazardous conditions. The law also requires the employer to inform employees about hazardous working conditions prior to employment. Workers do not have the right to remove themselves from situations that endanger health or safety without jeopardy to their employment.

Legal protections do not apply equally to all sectors. For example, the daily minimum wage does not apply to employees in the public sector, SOEs, domestic work, and seasonal agricultural work. Ministerial regulations provide household domestic workers some protections regarding leave, minimum age, and payment of wages, but they do not address minimum wage, regular working hours, social security, or maternity leave. According to government statistics, 54 percent of the labor force worked in the informal economy, with limited protection under labor law and the social security system.

The DLPW enforces laws related to wages, hours of work, labor relations, and occupational safety and health. Inspectors have the authority to make unannounced inspections and issue orders to employers to comply with the law. If an employer fails to comply with the order within a specified period, inspectors have a duty to refer the case for criminal law enforcement actions. The number of labor inspectors was insufficient to enforce compliance. The law subjects employers to fines and imprisonment for minimum-wage noncompliance, but the government did not effectively enforce the law. Penalties were commensurate with or greater than those for similar crimes such as fraud.

The DLPW issued orders to provincial offices in 2018 prohibiting labor inspectors from settling cases where workers received wages and benefits less than those required by law; however, there were many reports during the year of minimum-wage noncompliance that went to mediation, where workers settled for owed wages lower than the daily minimum wage. NGOs reported contract workers in the public sector received wages below minimum wage as they were governed by separate law.

Labor inspections increasingly focused on high-risk workplaces and information received from civil society partners. Labor inspections, however, remained infrequent, and the number of labor inspectors and resources were inadequate. Trade-union leaders suggested that inspectors should move beyond perfunctory document reviews toward more proactive inspections. Rights advocates reported that provincial-level labor inspectors often attempted to mediate cases, even when labor rights violations requiring penalties had been found.

Due to the economic impact of COVID-19, union leaders estimated almost one million workers were laid off, and many workers, particularly subcontract workers and migrant workers, were laid off without receiving severance payment or advance notice as required by law.

The government did not effectively enforce minimum wage, overtime, and holiday-pay laws in small enterprises, in certain geographic areas (especially rural or border areas), or in certain sectors (especially agriculture, construction, and sea fishing). In 2019 labor unions estimated 5-10 percent of workers received less than the minimum wage; the share of workers who received less than minimum wage was likely higher among unregistered migrant workers and in the border region. Unregistered migrant workers rarely sought redress under the law due to their lack of legal status and the fear of losing their livelihood.

The law subjects employers to imprisonment and fines for violations of occupational safety and health (OSH) regulations. Penalties were commensurate with or greater than those for similar crimes such as negligence. The numbers of OSH experts and inspections were insufficient, however, with most inspections only taking place in response to complaints. The government did not effectively enforce OSH law.

Union leaders estimated 20 percent of workplaces, mostly large factories owned by international companies, complied with government OSH standards. Workplace safety instructions as well as training on workplace safety were mostly in Thai, likely contributing to the higher incidence of accidents among migrant workers. Medium-sized and large factories often applied government health and safety standards, but overall enforcement of safety standards was lax, particularly in the informal economy and among smaller businesses. NGOs and union leaders noted that ineffective enforcement was due to insufficient qualified inspectors, an overreliance on document-based inspection (instead of workplace inspection), a lack of protection against retaliation for workers’ complaints, a lack of interpreters, and a failure to impose effective penalties on noncompliant employers.

The country provides universal health care for all citizens, and social security and workers’ compensation programs to insure employed persons in cases of injury or illness and to provide maternity, disability, death, child-allowance, unemployment, and retirement benefits. Registered migrant workers in both the formal and informal labor sectors and their dependents are also eligible to buy health insurance from the Ministry of Public Health.

NGOs reported that many construction workers, especially subcontracted workers and migrant workers, were not in the social security system or covered under the workers’ compensation program because their employers failed to register them or did not transfer the payments to the social security system.

In March 2019 the Ministry of Labor issued regulations for a workers compensation plan for workplace accidents and injuries; however, the regulations do not cover vendors and domestic workers. Labor-union leaders reported that compensation for work-related illnesses was rarely granted because the connection between the health condition and the workplace was often difficult to prove.

In November 2019 a new labor-protection law for workers in the fishing industry came into effect. It required workers to have access to health-care and social security benefits and, for vessels with deck size more than 300 tonnage gross or which go out more than three days at a time, to provide adequate living conditions for workers. Social security benefits and other parts of the law, however, were not enforced pending approval of subordinate laws by the Council of State. The existing government requirements are for registered migrant fishery workers to buy health insurance and for vessel owners to contribute to the workers’ compensation fund. Since 2019 fishery migrant workers holding a border pass have been eligible for accident compensation. The lack of OSH inspections, first aid kits, and OSH training in the migrant workers’ language increased the vulnerability of fishery workers. During the year NGOs reported several cases where the navy rescued fishery workers who had been in accidents at sea.

Firms used a “subcontract labor system” under which workers sign a contract with labor brokers. By law businesses must provide subcontract laborers “fair benefits and welfare without discrimination.” Employers, however, often paid subcontract laborers less and provided fewer or no benefits.

Department of Employment regulations limit the maximum charges for recruitment fees, but effective enforcement of the rules was hindered by worker unwillingness to provide information and the lack of documentary evidence regarding underground recruitment, documentation fees, and migration costs. Exploitative employment-service agencies persisted in charging citizens working overseas illegal recruitment fees. NGOs reported that workers would often borrow this money at exorbitant interest rates from informal moneylenders.

In 2019, the latest year for which data were available, there were 94,906 reported incidents of accidents or work-related diseases. Of these, 2 percent resulted in organ loss, disability, or death. The Social Security Office reported most serious workplace accidents occurred in manufacturing, wholesale retail trade, construction, transportation, hotels, and restaurants. Observers said workplace accidents in the informal and agricultural sectors and among migrant workers were underreported. Employers rarely diagnosed or compensated occupational diseases, and few doctors or clinics specialized in them.

Tibet

Read A Section: Tibet

China | Hong Kong | Macau

EXECUTIVE SUMMARY

The majority of ethnic Tibetans in the People’s Republic of China live in the Tibetan Autonomous Region and Tibetan autonomous prefectures and counties in Sichuan, Qinghai, Yunnan, and Gansu provinces. The Chinese Communist Party’s Central Committee exercises paramount authority over Tibetan areas. As in other predominantly minority areas of the People’s Republic of China, ethnic Han Chinese members of the party held the overwhelming majority of top party, government, police, and military positions in the autonomous region and other Tibetan areas. Ultimate authority rests with the 25-member Political Bureau (Politburo) of the Chinese Communist Party Central Committee and its seven-member Standing Committee in Beijing, neither of which had any Tibetan members.

The main domestic security agencies include the Ministry of State Security, the Ministry of Public Security, and the People’s Armed Police. The People’s Armed Police continue to be under the dual authority of the Central Committee of the Communist Party and the Central Military Commission. The People’s Liberation Army is primarily responsible for external security but also has some domestic security responsibilities. Local jurisdictions also frequently use civilian municipal security forces, known as “urban management” officials, to enforce administrative measures. Civilian authorities maintained effective control of the security forces. Members of the security forces committed numerous abuses.

Significant human rights issues included: torture and cases of cruel, inhuman, and degrading treatment or punishment by the government; arbitrary arrest or detention; political prisoners; politically motivated reprisal against individuals located outside the country; serious problems with the independence of the judiciary; arbitrary or unlawful interference with privacy; serious restrictions on free expression, the press, and the internet, including censorship and site blocking; substantial interference with the freedom of peaceful assembly and freedom of association; severe restrictions on religious freedom, despite nominal constitutional protections voided by regulations restricting religious freedom and effectively placing Tibetan Buddhism under central government control; severe restrictions on freedom of movement; the inability of citizens to change their government peacefully through free and fair elections; restrictions on political participation; serious acts of corruption; coerced abortion or forced sterilization; and violence or threats of violence targeting indigenous persons.

Disciplinary procedures for officials were opaque, and there was no publicly available information to indicate senior officials punished security personnel or other authorities for behavior defined under laws and regulations of the People’s Republic of China as abuses of power and authority.

Section 2. Respect for Civil Liberties, Including:

Freedom of Association

In accordance with PRC law, only organizations approved by the CCP and essentially directed by it are legal. Policies noted above designed to bring monasteries under CCP control are one example of this policy. Persons attempting to organize any sort of independent association were subject to harassment, arrest on a wide range of charges, or violent suppression.

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Women

Rape and Domestic Violence: See section 6, Women, in the Country Reports on Human Rights Practices for 2020 for China.

Sexual Harassment: See section 6, Women, in the Country Reports on Human Rights Practices for 2020 for China.

Coercion in Population Control: As in the rest of China, there were reports of coerced abortions and sterilizations, although the government kept no statistics on these procedures. The CCP restricts the right of parents to choose the number of children they have and utilizes family planning units from the provincial to the village level to enforce population limits and distributions.

Discrimination: See section 6, Women, in the Country Reports on Human Rights Practices for 2020 for China.

Children

Birth Registration: See section 6, Children, in the Country Reports on Human R9ights Practices for 2020 for China.

Education: The PRC’s nationwide “centralized education” policy was in place in many rural areas. The policy forced the closure of many village and monastic schools and the transfer of students to boarding schools in towns and cities. Media reports indicated the program was expanding. This, and aspects of education policy generally, led many Tibetan parents to express deep concern about growing “ideological and political education” that was critical of the “old Tibet,” and taught Tibetan children to improve their “Chinese identity” in elementary schools. In August, PRC President Xi Jinping personally urged local officials in the TAR and other Tibetan areas to further ideological education and sow “loving-China seeds” into the hearts of children in the region.

Authorities enforced regulations limiting traditional monastic education to monks older than 18. Instruction in Tibetan, while provided for by PRC law, was often inadequate or unavailable at schools in Tibetan areas.

The number of Tibetans attending government-sponsored boarding school outside Tibetan areas increased, driven by PRC government policy that justified the programs as providing greater educational opportunities than students would have in their home cities. Tibetans and reporters, however, noted the program prevented students from participating in Tibetan cultural activities, practicing their religion, or using the Tibetan language. Media reports also highlighted discrimination within government boarding school programs. Tibetans attending government-run boarding schools in eastern China reported studying and living in ethnically segregated classrooms and dormitories justified as necessary security measures, although the government claimed cultural integration was one purpose of these programs.

Child, Early, and Forced Marriage: See section 6, Children, in the Country Reports on Human Rights Practices for 2020 for China.

Sexual Exploitation of Children: See section 6, Children, in the Country Reports on Human Rights Practices for 2020 for China.

International Child Abductions: See section 6, Children, in the Country Reports on Human Rights Practices for 2020 for China.

Anti-Semitism

See section 6, Anti-Semitism, in the Country Reports on Human Rights Practices for 2020 for China.

Trafficking in Persons

See the Department of State’s annual Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report.

Persons with Disabilities

See section 6, Persons with Disabilities, in the Country Reports on Human Rights Practices for 2020 for China.

Members of National/Racial/Ethnic Minority Groups

Although observers believe that ethnic Tibetans made up the great majority of the TAR’s permanent, registered population–especially in rural areas–there was no accurate data reflecting the large number of long-, medium-, and short-term Han Chinese migrants, such as officials, skilled and unskilled laborers, military and paramilitary troops, and their dependents, in the region.

Observers continued to express concern that major development projects and other central government policies disproportionately benefited non-Tibetans and contributed to the considerable influx of Han Chinese into the TAR and other Tibetan areas. Large state-owned enterprises based outside the TAR engineered or built many major infrastructure projects across the Tibetan plateau; Han Chinese professionals and low-wage temporary migrant workers from other provinces, rather than local residents, generally managed and staffed the projects.

Economic and social exclusion was a major source of discontent among a varied cross section of Tibetans.

There were reports in prior years that some employers specifically barred Tibetans and other minorities from applying for job openings. There were, however, no media reports of this type of discrimination during the year.

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

See section 6, Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity, in the Country Reports on Human Rights Practices for 2020 for China.

Promotion of Acts of Discrimination

Government propaganda against alleged Tibetan “pro-independence forces” contributed to Chinese social discrimination against ordinary Tibetans. Many Tibetan monks and nuns chose to wear nonreligious clothing to avoid harassment when traveling outside their monasteries. Some Tibetans reported that taxi drivers outside Tibetan areas refused to stop for them, hotels refused to provide lodging, and Han Chinese landlords refused to rent to them.

Section 7. Worker Rights

See section 7, Worker Rights, in the Country Reports on Human Rights Practices for 2020 for China.

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The Lessons of 1989: Freedom and Our Future